Excerpt: ...had actual notice of the lawsuit but due to inadvertence/excusable neglect, the papers did not reach the proper person to respond to the complaint. (CCP 473; CCP 1008; Campbell and Fromholz Dec's.) Defendant was diligent and did not apprise the court of this new information because due to a personal emergency, defense counsel could not appear at the hearing on the motion to vacate. In light of this new evidence, the motion to vacate default is gr...

Excerpt: ...tion To Recall And Quash Writ Of Executon And To Return Property Levied Upon" is granted save that plaintiff can retain $816.15. All other funds must be returned to defendant. Judge Quinn is unavailable to hear this motion. Even if CCP 1008 applies, the court exercises its inherent power to grant the requested relief. (See Le Francois v. Goel (2005) 35 Cal.4th 1094, 1107 [court's inherent power to reconsider orders on its own moton].) The funds t...

Excerpt: ...m a retailer in July 2022, executing a contract which included an agreement to arbitrate. Ngo filed a complaint in July 2023 alleging violations of the Song- Beverly Act (breaches of express and implied warranty) and negligent repair. MBUSA now files this moton to compel arbitration and stay proceedings, alleging that it has standing to bring the motion on the grounds of equitable estoppel and its status as a third-party beneficiary of the arbitr...

Excerpt: ... Of Settlement Defendants City and County of San Francisco and John George Ford's motion for order determining the good faith of settlement is denied without prejudice. Assuming arguendo that CCP 877.6 applies to these circumstances, there is not substantial evidence showing that the settlement is in the "ballpark." When determining whether a settlement was entered into in good faith the court should take into account a rough approximation of pla...

Excerpt: ...additional security in the sum of $20,000 not later than December 8, 2023. The unopposed request for judicial notice is granted. The City seeks an increase in the security from $2,000 ordered in January 2023 to an additional roughly $45,000. This is said to be the result of unexpected costs: the facts that (1) plaintiff has not amended a complaint as expected, presumably necessitating a demurrer, and (2) plaintiffs discovery demands were served i...

Excerpt: ...en 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 fax or consent to sign given...

Excerpt: ...judication is denied. Defendants failed to maintain its burden of production. (CCP 437c(p)(2).) Plaintiff's evidentiary objections to the exhibits 2-11 and 13-14 attached to the Marquis declaration are sustained. Marquis does not properly authenticate the purported discovery responses and the court cannot take judicial notice of the truth of the content of the "court records" per Evidence Code sec. 452(d). (Kilroy v. State of California (2004) 11...

Excerpt: ..., LIP For A Protectve Order As To Plaintiff'S Order For Examination And Deposition (part 1 of 2) Pro Tem Judge Bruce Highman, 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 th...

Excerpt: ...ewart Company' is denied. Plaintiff is a vexatious litgant whose case has now consumed an unprecedented 1,481 entries in this court's register of actions. Her current motion makes three arguments, all unavailing. First, plaintiff argues that this law-and-motion department could not hear the August dismissal motion, because plaintiff had filed other motions in other departments in the past. (Memo. 1:6-11, 18-22.) However, plaintiff cites no author...

Excerpt: ...ding existing facts are alleged. (See, e.g., FAC 2:21-24, 3:21- 27, 4:21-25, 5:18-19, 6:7-11, 7:2-4, 7:18-24, 9:16-20.) At the pleading stage, plaintiffs need not "show" defendants knew their representations were false (Memo. 6:5-5); that comes later in the case. Likewise, plaintiffs need not now "establish" justifiable reliance, just plead it, as they have. (ld. at 7:17-18; FAC 9:23- 27, 10:24-25.) Defendants' demurrer to the original complaint'...

Excerpt: ...liability; and (3) public nuisance. The City has demurred to all causes of action for failure to state facts sufficient to constitute a cause of action (CCP S431.10(e)). Plaintiff's First Cause of Action for General Negligence: The elements of negligence are: (1) defendant owed a duty of care to plaintiff; (2) defendant breached that duty; (3) defendant's breach was a substantial factor in causing the damages; and (4) plaintiff was damaged. (Ladd...

Excerpt: ...PRODUCTION (PART 2 OF 3 TENTATIVE RULING) Result of Excusable Neglect. Under the second element of the Code, the movant must also establish that its "failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." Cal. Civ. Proc. Code 2031.3Cqa). Here, Hua's attorney, Pete Clancy, explains the reason for the error: "In this instance my office apparently served responses not to the request for production at issue...

Excerpt: ...PRODUCTION (PART 2 OF 3 TENTATIVE RULING) Result of Excusable Neglect. Under the second element of the Code, the movant must also establish that its "failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." Cal. Civ. Proc. Code 2031.3Cqa). Here, Hua's attorney, Pete Clancy, explains the reason for the error: "In this instance my office apparently served responses not to the request for production at issue...

Excerpt: ...ONSES TO FORM INTERROGATORIES (SET ONE) TO PLAINTIFF JENNIFER SPALDING AND REQUEST FOR MONETARY SANCTIONS OF $5,825.CO AGAINST JENNIFER SPALDING (PART 3 OF 3 TENTATIVE RULING) In contravention, however, Spalding herself concedes that the Discovery Motions were mail-served, on October 19, 2023. Emerald Fund theorizes that Spalding may have received the Motions on October 19, having been served on October 16. But Spalding submits of the envelope th...

Excerpt: ...ameda County action (Jonathan Bullinger v. The Finish Line, Inc. (Case 23CV038515)) is transferred to San Francisco and that action is consolidated with this action (CGC-23-605200) for all purposes. All future filings shall be under case number CGC-23-605200. While plaintiff s dismissal of several of his Labor Code claims in this case reduces the overlap, there remains overlap regarding the enforceability of the parties arbitration agreement. Tha...

Excerpt: ...ent and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, the court must set aside the resulting default. (CCP 473(b).) Here, defense counsel Lawrence E. Hart has filed a sworn declaration attesting to his mistake and neglect in failingto answer plaintiff Jonathan Harms s complaint. (See Declaration of Lawrence E. Hart, paragraphs 10-11.) The motion was filed within six months of ...

Excerpt: ...s to recover statutory damages under Civil Code sec. 52(a). (See Angelucci v. Cent. Supper Club (2007) 41 Cal.4th 160, 175 [explaining Unruh Act standing]; Molski v. M.J. Cable, Inc., 481 F.3d 724, 731 (9th Cir. 2007)[ The litigant need not prove she suffered actual damages to recover the independent statutory damages of $4,000. l; Botosan v. Paul McNally Realty, 216 F.3d 827, 835 (9th Cir. 2000) [ [P]roof of actual damages is not a prerequisite ...

Excerpt: ... near an II-inch drop concealed by planter boxes. (ld. at 3:9-14.) The complaint also pleads a similar incident involving another patron a few days earlier that alerted defendants to the hazard. (ld. at 4:4-16.) With the complaint's other allegations, this suffices to support punitive damages at the pleading stage. Defendants appear to be under the misapprehension that "evidence" must be adduced at this stage. (Rply. 2:5-6.) For the 9:30 a.m. Law...

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...