Excerpt: ...stead of seeking arbitration, petitioners on two separate occasions sought to amend their petition to add civil causes of action. The reply for the first motion noted: "The purpose of the amended pleading is to provide Plaintiffs with the opportunity to litigate their claims in this Court, without having to proceed through arbitration." (Lazear Suppl. Decl., par. 2 (5/23/23.) he second moton similarly sought to litigate. (Lazear Decl., par. 3 (6/...

Excerpt: ...on a "special errand" for defendant when the accident occurred. (Sumrall v. Modern Alloys, Inc. (2017) 10 Cal.App.5th 961, 969 [triable issue of material fact whether defendant's employee was on a "special errand" when he was driving to the employer's work yard rather than his regular worksite]; CACI 3726.) 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 conducte...

Excerpt: ... 204 owned the building. Thus, 204's $2,500 se
©lement is appropriate. (See Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488.) The one of the seven defendants that opposes the good-faith mo
Ÿon argues that discovery is not complete (Opp.10:7), but avoidance of crushing discovery costs is a purpose of CCP 877.6. For the 9:30 a.m. Law & Mo
Ÿon calendar, all a
©orneys and par
Ÿes may appear in Department 302 remotely. Remote ...

Excerpt: ...ment Agreement And Enter Judgment Pursuant To C.C.P. 664.6 And Stipulation Of The Parties. Plaintiffs' renewed motion to enforce settlement and enter judgment is denied. Plaintiffs previously sought this relief on November 19, 2009, and the court denied the motion. Plaintiffs' renewed motion does not comply with CCP 1008(b). Plaintiffs do not provide an affidavit setting forth "what application was made before, when and to what judge, what order ...

Excerpt: ...nish the drugs to decedent (undisputed Material Fact ("UMF") 5); (2) defendant did not have control of the apartment because possession was transferred to tenant Harken (LJMF 6; Civil Code sæ. 1954 [entry of dwelling by landlord]; and (3) defendant did not owe a duty to prevent or warn of the drug use because it did not have actual notice of the drug use in the apartment. (LJMF 7 - 12; Garcia v. Holt (2015) 242 Cal.App.4th 604 ["[8]efore liabili...

Excerpt: ...pplemental memorandum) violates Cal. Rules of Court ("CRC") 3.1113(d) and this court's order of October 10, 2023, which denied plaintiffs request to file an oversized brief. Second, the opposition does not provide an opposing separate statement in compliance with CCP 437c(b)(3) and CRC 3.1350. "Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court's discretion, for granting the motion." (...

Excerpt: ...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 may be si...

Excerpt: ...ugh their companies (East Rex, Yinrex, and Bonds) formed a general partnership (Seaker) to own, develop, operate, lease, and deal with real and personal property in San Francisco (specifically, real property at 135 Post Street). Cross-complainants Seaker, Yinrex, Anson Chan, and Bonds allege that cross-defendant Johnson Chan misappropriated assets, engaged in self-dealing behavior, and wasted corporate assets with the aid of a company attorney, J...

Excerpt: ...ugh their companies (East Rex, Yinrex, and Bonds) formed a general partnership (Seaker) to own, develop, operate, lease, and deal with real and personal property in San Francisco (specifically, real property at 135 Post Street). Cross-complainants Seaker, Yinrex, Anson Chan, and Bonds allege that cross-defendant Johnson Chan misappropriated assets, engaged in self-dealing behavior, and wasted corporate assets with the aid of a company attorney, J...

Excerpt: ... 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 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 signed via fax or consent to sign given by email. If not all parties...

Excerpt: ... 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 authority as a ...

Excerpt: ...r mandatory relief under CCP 473(b) is denied as follows. Elias argues his attorneys committed excusable neglect by failing to oppose defendant Lyft, Inc. 's motion to dismiss for forum non conveniens. The mandatory relief provision of CCP 473(b) directs the court to relieve a party from entry of judgment caused by their attorney's mistake, inadvertence, surprise, or excusable neglect. An application for mandatory relief, however, must be brought...

Excerpt: ...on is a "consumer" arbitration and the protections of CCP 1281.97 et seq. apply. CCP 1280(c) defines a "consumer" as "an individual who seeks, uses, or acquires, by purchase or lease, any goods or services for personal, family, or household purposes." The JAMS initiating form similar defines consumer arbitrations as applying to "individuals." (Buchanan Decl., par. 7). Here, plaintiff Kwan signed the legal services agreement with defendant Thoits ...

Excerpt: ... denied. Defendants' request for judicial notice is granted. "Litigation of an anti- SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit." (Bonni v. St. Joseph Health...

Excerpt: ...l 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 party appea...

Excerpt: ...der Staying Proceedings Defendant BB/CCs motion for declaratory relief and clarification of January 25, 2023 order staying proceedings" is denied. A focus of this construction litigation is whether Uponor, Inc. PEX plumbing pipes in an apartment building are defective. That is among issues being resolved in an arbitration between some of the same parties. Thus, the court granted a defense motion to stay this court case pending completion of the a...

Excerpt: ... Alireza Alavi's motion for summary judgment is denied. On a summary judgment motion, the court strictly construes the moving party's evidence and liberally construes the opposing evidence. (See Stratton v. First National Life Insurance Co. (1989) 210 Cal.App.3d 1071, 1083.) In opposition, plaintiff presents expert evidence that Alavi caused plaintiff's injuries. (Response to UMFs 27; Declarations of Deborah Gold, M.D. and Lance Downing, M.D.) "A...

Excerpt: ...e entered in 2005-some 18 years ago. Defendant cannot obtain relief under CCP 473(b) or CCP 473.5 because the motion is untimely. (CCP 473(b) [the motion "shall be made within a reasonable time, in no case exceeding six months, after the judgment"]; CCP 473.5(a) ["The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or...

Excerpt: .... Specially Appearing Defendant The SM Companies, LLC
Ea The Save Mart Companies, Inc.'s second mo
Ÿon to quash service of summons and mo
Ÿon to dismiss complaint with prejudice, which is unopposed, is GRANTED IN PART AND DENIED IN PART. The mo
Ÿon to quash service is GRANTED. The mo
Ÿon to dismiss with prejudice is DENIED. The la
©er mo
Ÿon is made under California Rules of Court, rule 3.110. Under that rule, a failure to
Ÿmely serve a ...

Excerpt: ...by reasons of the defendant's mistake, inadvertence, surprise, or excusable neglect. CCP 473(b). Courts liberally construe CCP 473 to dispose of the case on the merits where possible. Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 256. A mistake of law, however, only justifies relief if it is excusable. Fidelity Federal Savings and Loan Ass'n of Glendale v. Long (1959) 175 Cal.App.2d 149, 154. The determining factor is the reas...

Excerpt: ...d WAYMO LLC (collectively, "Waymo"). Plaintiff has leave to plead facts (e.g. Waymo controlled the means and manner of plaintiffs work) that show a employment or joint employment relationship. (Vernon v. State of Cal. (2004) 116 Cal.App.4th 114, 126- 127 [sustaining demurrer where there were insufficient allegations regarding a joint employment relationship].) It is not enough to note, as plaintiff does, that joint employment may be a viable theo...

Excerpt: ...rts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state since 1901." (Hirsa v. Sup. Ct. (1981) 118 Cal.App.3d 486, 488-89; see also CCP 428.50(c).) A proposed amended complaint's validity is not considered when deciding leave to amend. (See Ki
©redge Sports Co. v. Sup. Ct. (1989) 213 Cal.App.3d 1045, 1048.) Opposi
Ÿon papers refer to a "stay," but not to any ordered by the court. Fo...

Excerpt: ...ssuing preliminary injunction in aid of receiver" in this dispute over a restaurant is denied for several reasons. First, as plaintiff concedes, receivership is an "extraordinary remedy ' (Memo. 9:7); it is "drastic" and "exercised sparingly" and unwarranted here. (In re Jamison Steel Corp. (1958) 158 Cal.App.2d 27, 35; Morand v. Sup. Ct. (1974) 38 Cal.App.3d 347, 350.) Second, plaintiff fails to carry her burden to show that the property 'is in ...

Excerpt: ...ational Life Insurance Co. (1989) 210 Cal.App.3d 1071, 1083.) Defendant maintained its initial burden of on the issues of breach and causation. (See CCP 437c(p)(2).) The declaration of Lakeisha N. Falwell, RN, NP, AOCNP, shows that defendant's employees and/or claimed agents complied with the standard of care and their conduct was not a substantial factor in causing injury to plaintiff. (Defendant's Evidence, Ex. 3; see also Ex. 2 [Johnson-Wicks ...

Excerpt: ...entire tentative ruling has been emailed to counsel. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties 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 "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party...

Excerpt: ...prtnf to demonstrate proper service. (Floveyor Internat., Ltd v. Superior Court (1997) 59 Cal.App.4th 789, 793.) Where defendants have actual notice of the action (as in this case), the service statutes are liberally construed. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 392.) Plaintiff demonstrates substantial compliance with the substitute service statute. Plaintiffs evidence shows that the summons and complaint were le...

Excerpt: ...Plaintiff?S Causes Of Acton Nos. 1-11. Defendant CCSF and Mabry's moton for summary judgment is denied. Defendants' alternative motion for summary judgment is granted and denied as follows: The moton for summary adjudication is granted as to causes of action (1) for breach of duty of common carrier under Civil Code Section 211N, (2) breach of duty to provide and maintain safe equipment under Civil Code Section 2101, (3) breach of duty of common c...

Excerpt: ... that plaintiff Creditors Adjustment Bureau, Inc. failed to properly serve SHA. Whether SHA generally appeared, thereby curing defective service, is a closer call. A general appearance requires participation in a manner which recognizes the court's jurisdiction. (Mansour v. Superior Court (1995) 38 Cal.App.4th 1750, 1756.) A defendant does not generally appear by participating in a status conference or similar proceeding to inform the court of ju...

Excerpt: ...ees And Costs Plaintiffs "motion for reconsideration pursuant to CCP sections 1008 and 473(b)" is denied. The moton is yet another attempt by plaintiff to avoid the arbitration he contractually agreed to - an arbitration this court ordered more than a year ago. Plaintiff is a sophisticated businessman who declares he has "spent more than $800,000 of my own money" on a marijuana dispensary. (7/26/23 Order 2:10-11.) A reconsideration motion must be...

Excerpt: ...t is a mere holding company and cannot be liable for the alleged torts. But the FAC alleges that PG&E Corporation was involved in the alleged wrongdoing and is liable. The court accepts those allegations as true on demurrer. PG&E Corporation's citation to PG&E Corp. v. Public Utilities Com. (2004) 118 Cal. App. 4th 1174, 1188, is not persuasive. At most, that decision shows that approximately twenty years ago it was a holding company. Factual iss...

Excerpt: ... 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; see also Edmon & Karnow, California Practice Guide: Civil Procedure Before Trial (TRG 2016) 6:459.) Plaintiff says affirmative defenses 2-5, 8-9, 11-12, 14-15 and 23-28 do not meet this standard. (Memo. 4:7-10.) The court agrees and sustains this demurrer with leave to am...

Excerpt: ...quirements 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 te...

Excerpt: ...s previous application was denied without prejudice, because the information provided was too sketchy. While still no model of clarity, the renewed application provides enough to allow a "rough approximation of plaintiffs total recovery and the settlor's proportionate liability." (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.) Scott & Warner Builders, Inc. (SWB) was general contractor on a home reconstruction project t...

Excerpt: ...ary judgment motion was filed Augist 10, 2023. This type of motion has the longest notice period in California procedure: at least 75 days' notice, which is designed to allow the other side (Dadashian in this case) plenty of time to prepare an opposition. To obtain a continuance, Dadashian should have prepared an affidavit (or declaration under penalty of perjury, in accordance with CCP 2015.5) that shows " (1) the facts to be obtained are essent...

Excerpt: ...In San Bernardino County The mo
Ÿon of defendants Bank of America, N.A., Bank of America Corpora
Ÿon and Nancy Becerra to transfer this ac
Ÿon to San Bernardino County Superior Court is denied. The case was Þled here in San Francisco in May 2021. It alleges that scammers used accounts at BofA and Wells Fargo in a scheme to defraud an elderly man. The BofA defendants were served in June 2021 and Þled a losing demurrer and mo
Ÿon to strike in...

Excerpt: ...asserted in this subsequent summary judgment motion. (Code Civ. Proc., sec. 437c, subd. (f)(2); Patterson v. Sacramento City Unified School Dist. (2007) 155 Cal.App.4th 821, 827.) Defendant "did not have and had not seen [Decedent's 2018 workers' compensation deposition] at the time of the August 18, 2022 hearing on its initial summary judgment motion." (Bruni Decl., par. 16 [4:15- 17].) Plaintiffs' objection to the motion is OVERRULED. The Court...

Excerpt: ...iff Waltson and Associates, Inc„ shall remove any encumbrances it recorded on defendants' property. CCP 473(d) enables the court to set aside void judgments. A judgment is facially void if service was improper, such that the court never acquired jurisdiction over defendants. Walston's purported service under CCP 415.40 is facially defective. Walston has not shown Ashar and Petroziello were out-of-state residents, as required by CCP 415.40. The ...

Excerpt: ...make out a claims for harassment. That individuals helped create a new job analysis does not alone suggest harassment, for two reasons. First, it is not clear what offensive message ("discriminatory intimidation, ridicule, and insult,' as phrased in Kelly-Zurian v. Wohl Shoe Co., 22 Cal.App.4th 397, 409, quoting Harris v. Forklift Systems, lnc„ 510 U.S. 17, 21 (1993)) was to be communicated to the plaintiff by this act. Second, it is not clear ...

Excerpt: ...er his birth, with parental consent. (Apparently the SAC alleges the consent was procured by fraud, although it isn't clear what the fraud was.) The statute of limitations has run on all the causes of action in the SAC. The events took place around the time of plaintiffs birth in 1977, and he was aware of the situation and asserts he had suffered injury at least by the time he was an adolescent, as the SAC alleges. SAC paragraphs 104, 110. The lo...

Excerpt: ...f the car to plaintiff and the agreement plaintiff signed with the dealer, but not with HMA. As to the warranty: (1) There is no evidence plaintiff agreed to the arbitration provisions associated with the warranty. Indeed, there is no evidence plaintiff was made aware of the arbitration agreement in connection with the warranty. (2) Plaintiffs claims do not invoke the terms of the warranty document. All claims in the complaint invoke the Song-Bev...

Excerpt: ...ene was its employee or "acting for" it, but the pled facts must be accepted as true. (FAC 2:15-3:4; Del E. Webb Corp. v. Structural Materials Corp. (1981) 123 Cal.App.3d 593, 604.) Third, DH says Schoene's conduct was "not within the scope of employment," but it occurred at DH and was work-related. (FAC 4:25-6:15.) Fourth, plaintiff's theory that DH ratified Schoene's conduct can be tested in discovery. Fifth, the section 17200 claim is pled wit...

Excerpt: ...s ("AFSCME") mo
Ÿon to compel arbitra
Ÿon is granted. AFSCME and Respondent University of California College of Law, San Francisco ("UC Law SF") executed a collec
Ÿve bargaining agreement in 2020. Ar
Ÿcle 38 of the par
Ÿes' Memorandum of Understanding allowed an aggrieved party to compel arbitra
Ÿon over an alleged "viola
Ÿon, misapplica
Ÿon, or misinterpreta
Ÿon of speciÞc terms." AFSCME moves to compel arbitra
Ÿon based on a term all...

Excerpt: ... (cross-defendant) fails to show that the cross-complaint is brought in bad faith. 'Factors such as oversight, inadvertence, neglect, mistake or other cause, are insufficient grounds to deny [a moton for leave to file a cross-complaint] unless accompanied by bad faith. ' (Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 99; see also CCP 426.50 ["The court ... shall grant ... leave to ... file the cross- complaint ... This subdivision ...

Excerpt: ...ovision, implicating Civil Code 1717. Plaintiff won an arbitration against defendants, then lost an attempt to amend his judgment to add Silverman on an alter ego theory. Silverman now seeks a section 1717 attorney fee award for opposing plaintiffs motion to amend. Civil Code 1717 applies to "any action on a contract" with an attorney fees provision. (ld.) Included is any action that, as here, "involves" a contract. (In re Tobacco Cases I (2011) ...

Excerpt: ...f Karen Crosby's opposition to motion to quash service of summons is denied. The opposition was properly filed nine court days before the continued hearing date of September 25, 2023. (See CCP 1005(b).) Defendants' request for judicial notice in support of motion to quash is granted. Defendants' motion to quash service of summons is denied as follows. Substitute service under CCP 415.20 was appropriate once Crosby's server, Troy Norriss, made thr...

Excerpt: ...ciated) claims regarding three former patents of San Francisco's Laguna Honda hospital. However, this would be a misjoinder based on the pled facts, as the three patients died at three different healthcare facilities with three different constellations of maladies. (Cmplt. 21:7-40:6.) Plaintiffs rely on Code of Civil Procedure 378 for their joinder arguments, but section 378 requires claims "arising out of the same transaction, occurrence or seri...

Excerpt: ...into and breached an agreement with plaintiff. (First Amended Complaint ("FAC"), pars. 10-17, 24; Ex. A [authorizing plaintiff to use his credit card for purchases "on behalf of Vanguard Property Management"].) Defendant raises a factual issue regarding the scope of the agreement and the court defers to plaintiff's interpretation of the agreement on demurrer. (Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239 ["[W]...

Excerpt: ...at are not illusory - e.g., to sculpt and install artwork at Saints Peter and Paul Catholic Church and to pay $200,000 of the cost of doing so. (ld. at 4:1-3, Ex. A.) The FAC also adequately pleads that plaintiffs performance of the contract "was excused by Defendants' failures" to approve the artwork and by anticipatory breach. (ld. at 7:7-13.) Defendant argues that its "performance is excused because of Covid-19," but such an issue of disputed ...

Excerpt: ...4, see also 14:7-15:2.) As set out in the summary judgment order, it does not. (ld. at Second, plaintiffs counsel says she "was surprised that she mistakenly failed to file a separate statement," labeling the court not accepting a separate statement she filed nearly a month late "an irregularity." (Memo. 11:21- 12:19.) The statute requires "ordinary prudence," absent here. (CCP 657(3).) Third, plaintiff claims "newly discovered evidence.' (Memo. ...

Excerpt: ...ents/employees and those allegations support the claim. In addition, the pleading expressly alleges that they acted as Fictivls fiduciary, which raises a factual issue. (See Huong Que, Inc. v. uu (2007) 150 Cal.App.4th 400, 410-411, 414 ["Thus an employee, while employed, owes undivided loyalty to his employer."]; Cross-complaint, pars. 12-13, 30 ["Cross-Defendants were entrusted with certain duties and responsibilities and owed a fiduciary duty ...