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2798 Results

Location: San Francisco x
2018.4.23 Motion to Compel Further Responses, for Monetary Sanctions 148
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.23
Excerpt: ...Production And For Monetary Sanctions. Pro Tem Judge David Helbraun, 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 b...
2018.4.23 Demurrer 677
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.23
Excerpt: ...he seventh cause of action for violation of the CLRA and is overruled as to all other causes of action. The first through sixth and eighth causes of action for intentional misrepresentation, negligence misrepresentation, breach of contract, common count, and violations of the Unfair Competition Law, False Advertising Law, and Penal Code 493(c) are all adequately alleged. Many of Stonebrae's arguments raise factual issues not amenable to resol...
2018.4.20 Motion to Quash 006
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2018.4.20
Excerpt: ...bastian to perpetuate testimony of Richard Lee Sebastian is denied as untimely. BorgWarner failed to provide sufficient notice as required by C.C.P. sections 1005 and 1010.6 and petitioner objected on this ground. The Court did, however, consider BorgWarner's motion as arguments in opposition to the petition. See ruling on the petition. If a hearing is requested, it will be at 9:30a.m., not 9:00a.m., Hon. Lynn O'Malley‐Taylor presiding....
2018.4.20 Motion for Preliminary Injunction 068
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.20
Excerpt: ... is DENIED. In determining whether to issue the injunction, the court considers the likelihood that Association will prevail on the merits and the balance of equities and harms. (See Metro Traffic Control, Inc. v. Shadow Traffic Network (1994) 22 Cal.App.4th 853, 858.) In this case, the court finds that Association is unlikely to prevail on the merits and show that defendants' paired gender identity search policy violates the law. The court r...
2018.4.19 Motion for Summary Judgment, Adjudication 467
Location: San Francisco
Judge: Department 503 Asbestos
Hearing Date: 2018.4.19
Excerpt: ...s to issues two and four. As to summary judgment and summary adjudication issues one, three, five and six (first, third, fifth and sixth causes of action), there is no argument that defendant failed to sustain its initial burden. The deposition testimony and declaration of Elijah Davis and the declaration of Charles Ay create a triable issue whether decedent Ted Hebebrand was exposed to asbestos‐containing products or materials (pipe insulation...
2018.4.19 Demurrer 993
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.19
Excerpt: ...n. As to the breach of contract and common counts causes of action, the cross‐complaint does not adequately allege the nature of the "services" or the "substance" of the contract's terms. In addition, there is insufficient basis alleged for Mr. Jozinovic basis for asserting a contract or common counts claim. At a minimum, Mr. Jazinovic needs to allege how he individually and the sole proprietorship entered into an agreement ...
2018.4.19 Motion for Leave to Amend Complaint 583
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.19
Excerpt: ...nted. Granting the motion comports with California's liberal policy allowing amendments to pleadings and defendants have not identified any prejudice to them if the motion is granted. The argument that Xelan cannot be liable for any of the claims alleged by Mr. Kimball is best addressed on a demurrer or other pleading motion, not a motion to amend, although it appears that there is no legal impediment to imposing liability on Xelan merely bec...
2018.4.19 Demurrer 160
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.19
Excerpt: ...ended complaint filed is sustained with twenty days leave to amend as to all causes of action. As to the claims against Ms. Ramirez, plaintiffs are given leave to amend to allege facts showing that the one‐year statute of limitations per CCP 366.2(a) was tolled because they timely filed a creditor's claims and the executor failed to allow, approve, or reject the claims. When a cause of action appears to be barred by an applicable statute of...
2018.4.18 Application to Attach Order and Writ of Attachment 202
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.18
Excerpt: ...ttach order and a writ of attachment is granted in substantial part. The Hancocks are entitled to a right to attach order and writ of attachment in the amount of $265,012.90 on the condition that they file an undertaking in the amount of $10,000. The money in defendant Clever Machine, LLC's bank account is and is likely to remain the only asset Clever Machine has to satisfy the arbitration award in favor of the Hancocks. The liquidity of this...
2018.4.18 OSC Re Contempt 264
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.18
Excerpt: ...sobedience Of Lawful Judgment Quieting Title; Statement Of Facts In Re Contempt. Plaintiff Theresa Murphy's amended motion for an order to show cause re contempt is denied. "It is well established that the affidavit by which a contempt proceeding is instituted, in order to sufficiently support an adjudication of contempt, must state facts constituting the offense, otherwise the court is without jurisdiction, and the facts essential to est...
2018.4.18 Motion to Compel 240
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.18
Excerpt: ...ither Mr. Diaz or Mr. Ng has a protecible privacy interest in information about prior similar accidents that supports either an instruction not to answer on privacy grounds or requires moving defendants to show that prior similar accidents are directly relevant to the issues in this case. Absent such a privacy interest, the instructions not to answer questions were erroneous and thus the City is required to make Mr. Diaz and Mr. Ng available for ...
2018.4.18 Demurrer 876
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.18
Excerpt: ...seek judicial review of the Medical Board's decision effective March 10, 2014 adopting the stipulated settlement and disciplinary order is time‐barred. In order to timely seek judicial review of that decision, Dr. Goodrich was required to file a petition for a writ of mandamus within 30 days after March 10, 2014. Dr. Goodrich's suspension was terminated in June 2014, she is currently still in good standing, and allowed to practice medic...
2018.4.17 Motion to Quash Service of Complaint 884
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.17
Excerpt: ... of the summons and complaint on defendant Gebremariam is granted. By opposing the motion on its merits, plaintiff Lisa Brown waived her objection based on untimely service of the moving papers. (Reedy v. Bussell (2007) 148 Cal. App. 4th 1272, 1288). Ms. Brown failed to provide sufficient evidence to satisfy her burden to prove that service of summons and complaint made on Mr. Gebremariam was proper. The declaration of Ms. Barhe shows that she re...
2018.4.17 Motion to Compel Arbitration 528
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.17
Excerpt: ...ed by plaintiff Veronica McCluskey. Airbnb has shown that Ms. McCluskey assented to the Terms of Service, including the arbitration language therein, because the sign up screen adequately informed Ms. McCluskey that, by clicking to sign up, she was agreeing to the Terms of Service. Under both the Federal Arbitration Act and the California Arbitration Act parties may delegate issues of arbitrability to the arbitrator, including disputes regarding ...
2018.4.16 OSC Re Preliminary Injunction 102
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.16
Excerpt: ...and supplemental declarations fail to show that the assertedly defamatory statements quoted at 4:12‐5:4 of Auction's reply memorandum are false. At most, Auction shows that there were fewer watch lots on the third auction. (Brenhouse Dec., par. 5.) Auction also fails to show imminent and irreparable harm. The last communication Mr. Berz sent was on March 19, 2018 and there is little evidence to indicate that the asserted "smear campaign...
2018.4.16 Motion for Attorney Fees, to Amend Judgment 985
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.16
Excerpt: ...rney's fees per Jaffe v. Pacelli (2008) 165 Cal.App.4th 927. Those fees were incurred as a result of attempting to enforce the judgment and are recoverable. (Jaffe, 165 Cal.App.4th at 938.) The Sangers can recover their legal research fees. When discussing computer legal research costs, Ladas v. CSAA (1993) 19 Cal.App.4th 761, 776 stated: "Subdivision (b)(2) precludes recovery of investigative expenses and attorney's fees are not comp...
2018.4.16 Motion for Receiver 674
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.16
Excerpt: ...s of a proposed injunction and/or attachment protecting the rights of Mr. O'Rourke with regard to Revelry Restaurant L.L.C. Mr. O'Rourke is precluded from obtaining a receiver for Revelry on grounds that the corporation is in imminent danger of insolvency because Mr. O'Rourke is no longer suing derivatively. CCP 564(b)(6) does not authorize the appointment of a receiver for such grounds when the lawsuit is by a private person. Mr. O&#...
2018.4.16 Motion to Amend 837
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.16
Excerpt: ...tion is not timely filed since Mr. Dietrich has not shown that he was unaware of facts necessary to make a CCP 425.13 motion more than nine months prior to July 30, 2018 and he made a diligent effort to obtain any facts he may have needed to make such a motion more than nine months prior to July 30, 2018 as required by Goodstein v. Superior Court (1996) 42 Cal. App. 4th 1635. Nine months prior to July 30, 2018 is October 30, 2017. Prior to Octobe...
2018.4.12 Notice of Motion 907
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.12
Excerpt: ...4; The Department correctly notes that the ALJ's decision repeatedly and erroneously states that the Department must show a permanent and substantial incapacity. (AR000758; 762; 764; 765.) The lack of permanence appeared to be a basis for the decision (AR000762, par. 16) and the ALJ's references to the controlling statutes and Mansperger v. Public Employees Retirement System, (1970) 6 Cal.App.3d 873, does not cure the error. That error al...
2018.4.12 Motion for Summary Judgment, Adjudication 654
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.12
Excerpt: ... the April 4, 2018 hearing is re‐affirmed. At the April 4 hearing the court took the motion under submission to more fully consider the argument by plaintiff David Norton that the order denying defendant Otis Elevator Company's motion for summary judgment required that this motion be denied. Because Otis's motion was denied due to Otis's failure to satisfy its burden of production, not because there was a triable dispute, the ruling...
2018.4.2 Motion for Summary Judgment, Adjudication 331
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.2
Excerpt: ...imination: Gov't Code 12940): DENIED. Plaintiff asserts he was terminated discriminatorily and without notice after a month's leave for a severe hematoma. A medical leave can be a reasonable accommodation, though plaintiff is wholly unable to work during the leave. (Nunes v. Wal‐ Mart Stores, Inc. (9th Cir. 1999) 164 F.3d 1243, 1247.) This and the evidence that defendant did no cost‐ benefit analysis of hiring someone to replace plain...
2018.4.2 Motion to Transfer Venue 394
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.2
Excerpt: ...enue is determined based on the complaint on file at the time the motion to change venue is made." (Brown v. Sup. Crt. (1984) 37 Cal.3d 477, 482.) Plaintiff alleges causes of action for breach of contract as well as tort claims such as breach of fiduciary duty, conversion, and fraud. Different venue provisions apply to the tort claims and breach of contract claims. Plaintiff brings a "mixed action." "In cases with mixed causes of ...
2018.4.2 Motion to Enforce Settlement 284
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.2
Excerpt: ...dmin Code sec. 10.22‐2. Plaintiff fails to show compliance with the express terms of the Full and Final Release (i.e. SFPD approval) and there has been no compliance with the direct party participation requirement of CCP 664.6. (See Levy v. Superior Court (1995) 10 Cal.4th 578, 584; Sims Dec., par. 6.) The court denies CCSF's request for sanctions. Defendant failed to comply with the separate notice of motion and safe harbor provisions of C...
2018.4.2 Motion to Compel Further Responses 261
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.2
Excerpt: ...gned 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 given by ema...
2018.4.2 Motion for Summary Adjudication 696
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.4.2
Excerpt: ...d) Against Cross‐Defendant Thyssenkrupp Elevator Corporation. Cross‐complainant City and County of San Francisco's motion for summary adjudication on its fifth cause of action for declaratory relief for a duty to defend against cross‐defendant Thyssenkrupp Elevator Corporation is GRANTED. Based on the undisputed facts, the City is entitled to a declaration that Thyssenkrupp is obligated to defend it against the claims alleged by plainti...

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