Excerpt: ... Government Code section 945.4" is denied as moot. (Petition, 1:23 -24.) Section 945.4 provides that a government claim must be filed to perfect a subsequent court action for damages. Government Code section 946.6 al lows the court to relieve the plaintiff from the failure to file a proper claim. These provisions are inapposite because the record shows that plaintiff (through prior counsel Bora Song) in fact filed a claim on April 27, 2023...

Excerpt: ...r 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 Superior Court Judge. If...

Excerpt: ...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 Superior Court J...

Excerpt: ...4; next to a picture of two thick pats of butter. The package's "nutrition facts" list "shortening butter blend" as the second of 11 crust ingredients. In fact, the FAC alleges, the crust's butter content is negligible. Thus, the FAC pleads violations of California's unfair competition (UCL) and false advertising (FAL) laws and the state's consumer legal remedies act (CLRA), as well as fraud and unjust enrichment. ...

Excerpt: ...ntative ru ling part 1 of 2) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion wil l 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 Ju...

Excerpt: ...sdiction. (Edmunds v. Superior Court (1994) 24 Cal.App.4th 221, 228.) To establish specific jurisdiction, "[t]he plaintiff 's claims� 'must arise out of or relate to the defendant's contacts' with the forum." Ford Motor Co. v. Mont. Eighth Judicial Dist. Court, 592 U.S. 351, 359 (2021). In addition, a manufacturer can be haled into court where it makes efforts to serve the California mar ket and the sale is not an isola...

Excerpt: ... For Monetary Sanction s(tentative ruling part 1 of 2) Pro Tem Judge James Fleming, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties t o the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearin...

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...llular Phone Records From Metropcs By T -Mobile Or Alternatively, To Enforce Dep osition Subpoena (tentative ruling part 1 of 2) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro T...

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

Excerpt: ...eets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion m ay be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a par...

Excerpt: ...tive Order Re: Deposition Of Pla intiff Melanie Garcia; And Request For Sanctions (tentative ruling part 1 of 3) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all...

Excerpt: ...LING PART 1 OF 3) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agree ing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem...

Excerpt: ...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 mo tion 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 pa...

Excerpt: ...ive Order Re: Deposition Of Plai ntiff Melanie Garcia; And Request For Sanctions (tentative ruling part 1 of 3) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear th is motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all...

Excerpt: ... 1 of 2) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a s tipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will...

Excerpt: ... And To Deem Documents Genuine Under C.C.P. 2033. 280(B) And For Monetary Sanctions Against Defendant Ricardo Dias Under C.C.P. 2023.030(A) And 2033.280(C) (tentative ruling part 1 of 2) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stip...

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

Excerpt: ...te 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 th at 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 Jud...

Excerpt: ...edical malpractice defendant files an expert declaration that its conduct met the standard of care, it is entitled to summary judgment unless plaintiff addu ces conflicting expert evidence. (Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 985.) Pro per plaintiff's opposition papers are largely incomprehensible, but could be read to seek a continuance to enable her to adduce an expert de claration. (See CCP 437c(h).) ...

Excerpt: ... at a vacation rental home booked through Airbnb. The 22- months'-pregnant wife slipped and fell on steep stairs in dangerous condition. Born prematurely as a result, plaintiff baby suffered l oss of all toes on her right foot and other injuries. (FAC 1:27- 2:18.) Airbnb advises its property owners to "ensure stairs are safe and have railings" and inspects for safety before listing a property on its website. (Id. at 3:10 -14.) The FAC...

Excerpt: ...ceivables. That contract provided for assignment to plaintiff of security interests in the receivables and had a prevailing -party attorney fee provision. (Civ. Code 1717.) In turn, Galca had an oral contract for temporary staffing services with TPI (SAC at 4:27 -5:3), generating receivables assigned to plaintiff. Galca was suspended as an LLC in 2017. (Memo. 3:24 - 4:3.) Plaintiff sued, alleging TPI did not pay receivables as required, but TPI p...

Excerpt: ...:2.) By the CLRA's plain language - which must be "liberally construed" - education is a service and plaintiff was a consumer of said service offered by defendant. (Civ. Code 1760 -61.) De fendant cites no contrary court case. The SAC adequately pleads an Unruh Act claim on theories that defendant discriminated against him as white, male and from a conservative Christian background. (Id. at 14:6 -15:8.) Christian beliefs are readily i...

Excerpt: ...omplete tentative ruling has been emailed to the parties.) Per CCP 452, plaintiff's alter ego allegations are sufficient. The court rejects defendant's misjoinder argument and overrules the demurrers to the conversion and br each of contract causes of action. The demurrer to the breach of the covenant of good faith and fair dealing cause of action is sustained with 20 days leave to amend. The demurrer to the "Unjust Enrichment/Restitu...

Excerpt: ... tentative ruling has been emailed to the parties.) For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be c onducted 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 pho...

Excerpt: ...tly and separately specify its grounds by paragraph. (CCP 430.60; CRC 3:1320; Edmon & Karnow, California Practice Guide: Civil Procedur e Before Trial (TRG 2016) 7:99-110.) Even had a demurrer been filed, defendant is noncompliant with CCP 430.41. Defendant's 430.41 declaration states: "This form must be filed with the demurrer," but the form declaration was filed five days after the "demu rrer" papers. Further, the declar...

Excerpt: ...and parties are required to appear re motely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPARTMENT 302 DAILY AT 9:00 A.M.), or dial the corresponding number and use the meeting ID, and password for Department 302. Any party who contest...

Excerpt: ... interests of comity and judicial economy. (CCP 128(a)(8).) A putative class action that raises claims similar to this action is presently pending in Delaware. (Cornet, et al. v. Twitter, Inc., Case No. 1:23 -cv -00441 -JLH (D. Del.).) "It is black letter law that, when a federal action has been filed covering the same subject matter as is involved in a California action, the California court has the discretion but not the obligation to stay...

Excerpt: ...r. There are numerous procedur al problems with this petition: (1) petitioner failed to lodge a copy of the administrative record. (Buckhart v. San Francisco Residential Rent Stabilization and Arbitration Board (1988) 197 Cal.App.3d 1032, 1036 ["Without such a complete record the superi or court cannot comply with Code of Civil Procedure section 1094.5."]; Ochletree v. Gourley (2002) 102 Cal.App.4th 1013, 1017.); (2) petitioner did not pr...

Excerpt: ...ring amendment is so strong that it is a rare case in which denial of leave to amend can be justified." (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Here, plaintiff's amendments do not change the tenor of the case, but merely plead additional instances of the same alleged wrongdoing and related causes of action. The Doe defendant that plaintiff seeks to add presumably has been aware of the allegations since the comp...

Excerpt: ... Court'S Order Granting Defendants Udr , Inc., Channel Mission Bay, Lisa Quigley And Ethel Pacis'S Motion To Deem The Truth Of Matters Specified In Requests For Admission, Set One, Prop Pro Tem Judge William Lynn, 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 si...

Excerpt: ...ts For Production Of Documents (S et One) Against Defendant Clifton W. Chester And Request For Monetary Sanctions (part 1 of 2) Pro Tem Judge Matthew Kahn, 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 ass igned 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 ...

Excerpt: ...tember 2019, during which time WAB allegedly committed various Labor Code violations. Marquez sent notice of these violations to the Labor and Workforce Development Agency ("LWDA") in September 2023 and sued in November 2023 to recover civil penalties under the and Private Attorney General Act ("PAGA"). The statute of limitations for PAGA claims is one year. (CCP 340(a); Brown v. Ralph Grocery Co. (2018) 28 Cal.App.5th 824, 839.) ...

Excerpt: ... states: "Notwithstanding any other provision of law, a public entity is not liable for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant." (Gov. Code 818.) Plaintiff's opposition to the motion to str ike provides no legal authority for any exception to this rule. Because CCSF is immune from punitive damages, plaintiff cannot amend the ...

Excerpt: ...#39;s Motion To Amend First Amended Complaint With Proposed Second Amended Complaint. Plaintiff's motion to file a second am ended complaint is granted. The motion is timely given the recent discovery disclosures and there is a liberal policy in favor of amendment. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 488 -489 ["That trial courts are to liberally permit such amendm ents, at any stage of the proceeding, has been established...

Excerpt: ...iscovery showed defendants' website sold 39 allegedly lead -containing mugs into California. (2/22/24 Brf. 4:27, 5:16, 6:6 -7.) Plaintiff says Thurston v. Fairchild Collectibles of Georgia, LLC (2020) 53 Cal.App.5th 1231 " appears to be the most directly on -point decision involving internet sales." (Id. at 7:14.) Like other cases, Thurston holds that "sales must be substantial" to confer jurisdiction, and in Thurston they wer...

Excerpt: ...ts, Set One And Request For Sanctions (part 1 of 2) Pro Tem Judge Ken Korea, 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 agre eing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will ...

Excerpt: ...OCIATES, INC.'s ("Forde") Mo tion for Leave to File First Amended Cross -Complaint is denied. First, the Petak declaration does not comply with CRC 3.1324(b). Forde does not sufficiently explain why the amendment is necessary and proper and precisely what recently occurred that warrant s amendment at this stage of the litigation (trial date - August 26, 2024). Second, Forde mischaracterizes its proposed First Amended Cross -Complaint ...

Excerpt: ...reservation of rights and paid a $800,000 settlement. CSE then sued Kwok for reimbursement of defense costs and the $800,000 indemnity. Kwok cross -claimed for breach of contract, b reach of covenant of good faith and fair dealing and financial elder abuse. CSE's primary argument on demurrer is that the CC focuses on "the filing of this lawsuit" as CSE's misconduct, though such reimbursement suits are allowed by Blue Ridge Ins. ...

Excerpt: ...ifornia 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 Superior...

Excerpt: ...thy Nardell, 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: ...hdrew from this case on June 20, 2023, after Mr. Ulleseit died. As his former counsel noted in his declaration in support of the motion to withdraw, decedent's estate has been given ample time to retain counsel and prosecute this case but it has not chosen to do so. Given the death and lack of any party to puruse this action, the court grants judgment on the pleadings without leave to amend in favor of defendant. (Est. of Edwards (1978) 82 Ca...

Excerpt: ...itted Truth Of Facts And Genuineness Of Documents (Tentative ruling part 1 of 3) Pro Tem Judge J. Timothy Nardell, 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 sti pulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion s...

Excerpt: ...g final resolution of Case No. CGC -20 -587028. (OTO, LLC v. Kho (2019) 8 Cal.5th 111, 141 [court's inherent power to stay proceedings].) Defendants say plaintiff's two employment cases - 587028 and 6 08687 - are "virtually identical." (Memo. 3:25.) Not so: inter alia, the 608687 complaint has seven pages of allegations post- dating 587028's filing. (Id. at 3:8 -10:19.) However, the 608687 complaint does acknowledge that the...

Excerpt: ... shall be sued only in the county of its principal office, which shall be Sacramento, unless otherwise designated by the council." Petitioner cites Business and Professions C ode 4610(i), which says a council decision may be challenged by an action "in a court of competent jurisdiction." However, "the cardinal rule of statutory construction" is that statutes "must be construed together, and harmonized," when at all pos...

Excerpt: ..., a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the mot ion 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 a...

Excerpt: ...nied. First, the motion is pr ocedurally infirm. Plaintiff's moving papers do not contain a declaration in compliance with 3.1324(b). Second, the main relief that plaintiff seeks is to add a new wrongful termination claim that accrued years after he filed this action. The weight of aut hority states that it is improper to add a new claim in a supplemental complaint. (See Flood v. Simpson (1975) 45 Cal.App.3d 644, 647 [affirming denial of le...

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

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

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

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

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

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

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

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

Excerpt: ...or $7000.00 In Monetary Sanctions Against Defendant Blue Note Therapeutics Inc Defendant Geo
¯ Eich And Their Counsel Gordon Rees Scully Mansukhani Llp Pro Tem Judge Tom Cohen, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may...

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

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

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

Excerpt: ... 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation ma...

Excerpt: ...o hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If...

Excerpt: ...ART 1 OF 4) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who wi...

Excerpt: ...ions(part 1 of 2) Pro Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro ...

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

Excerpt: ...Federateds Request For Production, Set Three, From Plaintiff A.W. Miller Enterprises, Inc. Pro Tem Judge David McDonald, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the moton may be heard by the Pro Tem Judge. If all parties to the moti...

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

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

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

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

Excerpt: ...s March 23, 2022, order denying petitioner's fee waiver application in a prior case. Defendant Chief Justice Cantil-Sakauye is absolutely immune from a suit for damages allegedly arising out of official court rulings as a matter of law. "The decisions of this state uniformly and consistently grant immunity from civil suit to judges in the exercise of their judicial functions. [citationl That is true even if the acts are in excess of the jurisdict...

Excerpt: ...t Wells Fargo was conducting sham interviews of racially and ethnically diverse candidates for job openings that had already been filled. (Petition, Para. 14.) Wells Fargo shareholder Cook sought to investigate. (Petition, Para. 1.) On October 3, 2022, Cook propounded a shareholder inspection demand under California and Delaware aw (Petition, Para. 20.) On August 14, 2023, Cook filed a petition before this court to enforce her shareholder inspect...

Excerpt: ...ired by California Rule of Court 2.550(d), a party moving to seal court records must present "specific enumeraton of the facts sought to be withheld and specific reasons for withholding them (See H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.) Here, while portions of 8TlG's complaint are laundry-listed, the specific facts sought to be withheld are not enumerated. Moreover, while broad reasons for withholding documents are also laundry-li...

Excerpt: ...nt does not comply with this rule. The "allegations" refer to extraneous matters and the complaint contains unnecessary exhibits. The pleading is unintelligible. Defendant contends that plaintiff's action is time-barred, but the court cannot discern whether it is given the pleading's incoherence. Plaintiff has leave to amend to clarify that he is suing defendant for legal malpractice, the precise action/s which support the claim, and when plainti...

Excerpt: ...safe harbor requirement of the sanctions statute. CCP 128.7(c)(1) requires "service of the motion' to trigger the safe harbor period. Paragraph 17 of the Drenski declaration states: "On October 18, 2023, Lyft served this Motion upon counsel for Plaintiff, along with a letter requesting immediate withdraw of his second motion for relief. Attached hereto as Exhibit A is a true and correct copy of the October 18, 2023, letter, and Proof of Service."...

Excerpt: ..."CCP 654.6 enforceable." (Harker Decl„ Ex. A.) The terms of the parties' Long-Form Release, confidentiality, and nan-disparagement agreements are sufficiently definite to be enforced. After entering into their initial settlement, they agreed on the terms of those covenants. (Harker Reply Decl., pars. 6-12.) Plaintiff is entitled to judgment for $147,500: $27,500 against the Sheehan defendants and $120,000 against the Heit defendants. Settling d...

Excerpt: ...NCISCO FIREFIGHTERS UNION LOCAL 798, SAN FRANCISCO POLICE OFFICERS ASSOCIATION Notice Of Hearing For order Granting writ Of Mandate (C.C.P. section 1085), Declaratory And Injunctive Relief; Memorandum Of Points And Authorities; Declarations Of Tracy Mccray And Stephen Giacalone And Exhibits In Support Thereto The "petition for writ of mandate, declaratory and injunctive relief' is stayed underthe court's inherent powers. (OTO, L.L.C. v. Kho (2019...

Excerpt: ...- a claim the City denied. Plaintiffs FAC, however, pleads a fall on a "negligently maintained sidewalk" some five blocks away "at or near 2501 Clement St." The City first demurs as to plaintiffs failure to meet the requirement that a government claim state the "place" of the alleged occurrence. (Govt. Code 910(c).) Plaintiff concedes the discrepancy between her government claim and her complaint, but argues that the former properly "listed the '...

Excerpt: ...ion Payward, Inc.'s motion to seal is denied without prejudice. To enable a court to make the specific findings required by California Rule of Court 2.550(d), a party moving to seal court records must present "specific enumeration of the facts sought to be withheld and specific reasons for withholding them." (See H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.) Here, while portions of documents are laundry-listed, the specific facts sough...

Excerpt: ...igation case (CGC-20-587022). In 2021, the parties stipulated that "resolution of the disputes currently pending in the arbitration may bear upon or relate to claims asserted in the instant litigation" and "the parties hereby agree that a stay of this litigation will avoid divergent outcomes and promote judicial economy." Thus, this court stayed the litgation "pending the final adjudication of all claims in the arbitration." Plaintiff first moved...

Excerpt: ...ummary Judgment And Summary Adjudication Motions Conditionally Filed under Seal Payward, Inc.'s motion to seal is denied without prejudice. To enable a court to make the specific findings required by California Rule of Court 2.550(d), a party moving to seal court records must present "specific enumeration of the facts sought to be withheld and specific reasons for withholding them." (See H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.) He...

Excerpt: ...l 3, 2024. Plaintiffs allege that they developed silicosis from fabricating countertops. Defendant (one of 41 putative defendants) is a Texas LLC that distributes slabs supplied by a Vietnamese entity. (Nguyen Dec. 2:12-16.) Defendant manager/owner An Nguyen declares that its distribution is "primarily' outside California. (ld. at 2:22-26.) However, he acknowledges some California contacts. First, on "very rare occasions," defendant sells "quartz...

Excerpt: ...et 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...

Excerpt: ...arties via e-mail. Defendants uber Technologies, Inc., Rasier, LLC and Rasier- CA, LLCs motion to compel arbitration and stay is granted. Plaintiff Marygrace Anaya agreed to arbitrate disputes with Defendant Uber Technologies, Inc. (See Ex. G, Section (2), subparts (a)(l) & (a)(4).) And the arbitration agreement appears to encompass the instant dispute. The parties delegated issues of arbitrability to the arbitrator. (See ADR Arbitration Rules an...

Excerpt: ...Attorney Timothy Silverman For Disobeying Two Court Orders To Provide Discovery Before the court is Plaintiff Ranier Mejia's Motion For Evidentiary And Monetary Sanctions Against Defendant CFAM Financial Services, LLC And Attorney Timothy Silverman For Disobeying Two Court Orders To Provide Discovery. The court adopts Judge Pro Tem William Lynn's report and recommendation in full. Thus, the court grants the motion for evidentiary sanctions and en...

Excerpt: ...enied without prejudice. The proposed amendments would prejudice defendants at this stage and are untimely with the case in its current procedural posture. (Record v. Reason (1999) 73 Cal.App.4th 472, 485-487.) Throughout the litigation, the parties acted as if Plaintiff was an exempt employee. The proposed amendments seek to change the tenor of the case, treating Plaintiff as non- exempt and treating her employment as governed by a different set...

Excerpt: ...is denied without prejudice. Key factors in an analysis under Tech-Bilt, Inc. v. Woodward- Clyde & Associates (1985) 38 Cal.3d 488 are "a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability" and "the financial conditions and insurance policy limits of settling defendants." (ld. at 499.) However, beyond a little unsupported and imprecise hyperbole, this crucial information has not been provided to the court....

Excerpt: ...ation and (3) unfair competition. Defendants argue that plaintiffs view of the bonus is contrary to an "offer letter" referred to in the complaint, and thus the first and third counts are barred. However, the offer letter is not attached to the complaint as an exhibit, nor does the complaint plead all the offer's principal terms. Thus, defendants' demurrer improperly relies on unpled extrinsic matter. (Blank v. Kirwan (1985) 39 cal.3d 311, 318.) ...

Excerpt: ...Wednesday, December 20, 2023, line 10. Plaintiffs "motion to dismiss defendants Mike Smith and Linda Galijan's appeal of the order, decision, or award [OADI of the labor commissioner for failure to post undertaking mandated by Labor Code 98.2(b)" is denied. Plaintiff claimed unpaid employment by the San Francisco Zen Center, of which Smith and Galijan were managers. The September 6, 2022 OAD found for plaintiff in the amount of $149,177.15 agains...

Excerpt: ...t is "CCP 664.6 enforceable." (Harker Decl., Ex. A.) he terms of the parties' Long-Form Release, confidentiality, and non-disparagement agreements are sufficiently definite to be enforced. After entering into their initial settlement, they agreed on the terms of those covenants. (Harker Reply Decl„ pars. 6-12.) This motion, however, is premature. The settlement provides that payment is due "within 30 days of fully-executed agreement & W9." The ...