Excerpt: ...ned 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 emai...

Excerpt: ...s 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 motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all pa...

Excerpt: ... Complaint, 1:23-24.) Plaintiff alleges that defendant continues to have a uniform policy that violates the Labor Code. (Amended Complaint, pars. 16, 18, 22.) Under Johnson v. Maxim Healthcare Services, Inc. (2021) 66 Cal.App.5th 924, 930, PAGA standing does not depend on maintaining an individual claim and an aggrieved employee can maintain a representative PAGA achon even where the individual claim is time barred. Plaintiffs representative alle...

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

Excerpt: ...ely treat plaintiffs fall; (4) did not implement a wound prevention program and caused a wound to reach into the base of his spine; (5) did not provide adequate food and liquids; (6) repeatedly did not assist with hygiene and meet plaintiffs basic needs; (7) regulatory violations; and (8) defendant's purposeful decision (through fts officers, directors, and/or managing agents) to understaff the facility plead sufficient facts to support a claim f...

Excerpt: ...ants' demurrer is sustained with leave to amend. The Court's complete tenta
Ÿve ruling is emailed to the par
Ÿes. For the 9:30 a.m. Law & Mo
Ÿon calendar, all a
©orneys and par
Ÿes may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tenta
Ÿve Rulings," and click on the ...

Excerpt: ...N THOMPSON, CRISTIAN ZAPATA Notice Of Hearing on Petition To Compel Arbitration And Award Relief under Cal. Code Civ. Proc. Sec. 1281.97 Petitioners' motion to compel arbitration and award relief under CCP 1281.97 is denied. The weight of authority holds that the Federal Arbitration Act ("FAN') does not preempt CCP 1281.97. (See Espinoza v. Superior Ct. of Los Angeles cnty. (2022) 83 cal.App.5th 761; Gallo v. wood Ranch USA, Inc. (2022) 81 cal.Ap...

Excerpt: ...nted from Colorado-resident defendant over Airbnb, which is headquartered in San Francisco. The parties dispute whether plaintiff was resident at the time in Arizona or California. Defendant appears to concede that a contract can be formed over Airbnb. Defendant says he has been in California twice in his life, for a Disneyland trip and first aid training - both many years ago. "When a defendant moves to quash on jurisdictional grounds, the plain...

Excerpt: ...count) The FAC pleads an agreement that the parties would each deposit 10% of their monthly salaries into the account, with each to "own" half the balance. (ld. at 6:1-7.) Defendant later withdrew "near the entirety" of the account balance and refuses to return plaintiffs share, thus converting his half. (ld. at 1:8-20.) No "right to payment" seems to be at issue, nor is the parties' ownership based on each's contributions, so defendants' cited a...

Excerpt: ...tion And Motion To Re-Open And Compel Targeted Discovery Regarding Spoliation. (Part 1 of 2 for purposes of entry of tentative ruling) 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 sign a stipulation agreeing that the motion may be heard by th...

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

Excerpt: ...n the three-year statutory deadline of December 31, 2022. (MPA, 6:1-7.) CCP 340.1(f) requires that any plaintiff who is 40 years of age or older at the time the action is filed, must file certificates of merit together with the complaint. At the tme plaintiff filed this action, she was over 50 years old. (Cmplnt. 1:28-2:1.) Pursuant to the provisions of CCP 340.1(f) plaintiff was required to file a certificate of merit at the time the action is f...

Excerpt: ...se the number of card/gambling tables it could operate at its cardroom because the enabling ballot measure (Measure H) allegedly did not comply with Bus. & Prof. Code sec. 19961(c). Facts and Procedural History This is not petitioner s first time to appear before this court regarding its desire to add card tables. In CPF-21-517433, petitioner filed a petition for writ of mandate alleging that respondent misinterpreted several ordinances and statu...

Excerpt: ...1) provides that if, as here, "a trust is created by more than one settlor, each settlor may revoke the trust as to the portion of the trust contributed by that settlor." (ld.; see also Estate of Powell (2000) 83 Cal.App.4th 1434, 1440 [1994 legislative amendment to Probate Code 15401 "reversed prior judicial decisions holding that a trust could not be revoked by less than all joint settlors"].) Plaintiff adequately pleads she revoked the portion...

Excerpt: ...tiffs' mistaken belief that two defendants then resided here. In fact, the two defendants' December 2022 interrogatory responses show they had moved to Texas in January 2022, before "the commencement of the action." (Bains Dec. Ex. D 3:36-4:7, Ex. E 3:25-4:5; CCP 395(a).) Thus, ours is nota "proper court for the trial of the action." (ld.; see also CCP 397.) Plaintiffs apparently concede the relevant facts, but argue that movants "waived their ri...

Excerpt: ...on Of Plaintiff Mark Shukens Claims, And (2) Stay The Proceedings. Defendants' (PAC-12 ENTERPRISES, LLC, PAC-12 NETWORK, LLC, PAC-12 CONFERENCE) motion to compel arbitration of plaintiff Shuken's claims and stay this action is granted. Shuken entered into a broad arbitration agreement with defendant Pac-12 Enterprises. (Lockett Decl., Ex. 1, sec. 14.) The FAA applies to Shuken's agreement based on the express terms of the agreement and because th...

Excerpt: ...1:19-22) is supported by no authority. In any event, fraud by movants is also specified using their names. (ld. at 7:18-8:6, 9:15-10:2.) Second, movants argue that their alleged fraudulent statements regarded future events. But the complaint alleges false statements by movants in the context of the sales transactions themselves. (ld. at 17:18-8:2.) Even if all the false statements were made earlier, the complaint pleads they were already "false w...

Excerpt: ...udge, has been assigned to hear this mo
Ÿon. Prior to the hearing all par
Ÿes to the mo
Ÿon will be asked to sign a s
Ÿpula
Ÿon agreeing that the mo
Ÿon may be heard by the Pro Tem Judge. If all par
Ÿes to the mo
Ÿon sign the s
Ÿpula
Ÿon, the hearing will proceed before the Judge Pro Tem who will decide the mo
Ÿon with the same authority as a Superior Court Judge. If a party appears by telephone, the s
Ÿpula
Ÿon may be signed via fax...

Excerpt: ...before the court on April 28, 2023 and it was denied. See April 28, 2023 Order. She now seeks to have the motion reheard and so improperly brings a motion for reconsideration. Under CCP 1008, a motion for reconsideration must be made within 10 days after service upon the party of written notice of entry of the order and be based upon new or different facts, circumstances, or law. Here, Ms. Tang filed the current moton on June 9, 2023, which far e...

Excerpt: ...ended Complaint The motion is moot as to the bank because it already obtained a dismissal with prejudice on May 31, 2023. The court vacates plaintiffs voluntary dismissal without prejudice that she filed on May 8, 2023, and grants the individual defendants' moton for summary judgment. The court dismisses the individual defendants with prejudice. The court vacates plaintiffs voluntary dismissal without prejudice that she filed on May 8, 2023, and ...

Excerpt: ...rrer depends on re-casting the SAC as one for libel with a one year statute of limitations. E.g„ Motion at 3:18 ff. This is futile. The claim is, as stated, for interference with contract. The parties agree the statute of limitations for that claim is two years. The demurrer seems to make the alternative argument that even if there is a two year limitations period, that too was patently transgressed based on the supposed accrual of the claim as...

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

Excerpt: ...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 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 Su...

Excerpt: ... County Of San Francisco Plaintiffs motion "to amend second amended complaint against Comcast to join new party defendant City and County of San Francisco" is denied. Pro per plaintiff has been adjudged a vexatious litigant subject to a CCP 391.7 prefiling order that bars him from "filing any new litigation' without "first obtaining leave of the presiding judge." (ld.) "Litigation" broadly includes a "civil action or proceeding" against what plai...

Excerpt: ...is another attempt by plaintiff to avoid the arbitration he contractually agreed to - an arbitration this court ordered 11 months ago. Plaintiff is a sophisticated businessperson who declares he has "spent more than $800,000 of my own money" on a marijuana dispensary. (Valdez Dec. 2:20-22.) Plaintiff claims he is "currently receiving public assistance," but proffers no documentary evidence of that. (ld. at 2:16-17.) Likewise, plaintiff reports he...