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: ...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: ...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: ...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: ...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: ...- 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: ...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...