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: ...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: ...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: ... 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...

Excerpt: ... without prejudice. Scott & Warner Builders, Inc. was general contractor on a home reconstructon project that had a flooding event. There were "several subcontractors," including Deehan and Ideal Restoration, Inc. (Pham Dec. 2:5-7.) SWB's insurer apparently paid the homeowner some unstated amount of money and seeks $280,301 from some unstated set of the several subcontractors for unstated liabilities. Deehan seeks to settle for $35,000; Ideal opp...

Excerpt: .... First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim." (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) Silverman's protected activities were filing and pursuing a lawsuit against Fayad. That t...

Excerpt: ...rts to have served Borenstein via a front desk guard at a San Francisco apartment building. However, Borenstein declares under #nalty of perjury that he does not live or work in the apartment, did not authorize anyone there to accept service and for "the past five years, and currently, I live outside the United States in Israel." Plaintiffs points - much of them hearsay of which judicial notice cannot be taken - are unavailing. It is true, as pla...

Excerpt: ..., well before moving to compel arbitra
Ÿon against respondents in 2021. (See, e.g., Fayad Dec. 3:24-4:4, Ex. A.) Yet he has not sought to include Silverman in the arbitra
Ÿon proceedings un
Ÿl now. Further, everyone agrees pe
Ÿ
Ÿoner had the burden to prove that Silverman is liable under a conjunc
Ÿve three-part test. (Relentless Air Racing, LLC v. Airborne Turbine Ltd. Partnership (2013) 222 Cal.App.4th 811, 815-16; Memo. 4:20-26; Opp. 3:1...

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: ...eming, 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 moton will be asked to sign a stipulation agreeing that the motion may 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: ...OMPEL DISCO RESPONSE TO DEFT GENENTECH, INC.(TENTATIVE RULING PURPOSES ONLY PART 2 OF 2) Plaintiffs' discovery requests and this motion were misguided and ineffective as a procedural matter but were nevertheless intended to effectuate the purposes of discovery. Accordingly, sanctions for alleged abuse of the discovery process would be unjust under the circumstances and are denied. For the 9:00 a.m. Discovery calendar, all attorneys and parties ar...

Excerpt: ...ocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 336; 9 U.S.C. sec. 2.) Plaintiff Honorio Altun entered into a sales contract with a dealership. (Compl. 8.) The manufacturer of the car, Nissan, is not a party to this sales contract. Nissan seeks to compel arbitration against Altun through equitable estoppel. Under equitable estop...

Excerpt: ...ry Sanctions In An Amount Not Less Than 6785 (Motions). (part 1 of 2) plaintiffs/Cross-Defendants' motion sanctions is denied. plaintiffs/Cross-Defendants bring their moton pursuant to CCP 128.7(b)(2) - (3), on the grounds that Defendants/cross-complainants' MSA lacks legal support, because (1) their entire argument that a breach of fiduciary duty has been established is premised on the fiction that the overruling of a demurrer is a ruling on the...

Excerpt: ...rgues for stay of the arbitration so the court acton can be tried first. That would be contrary to strong public policies favoring arbitration. (See, e.g., AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333; Lewis v. Fletcher Jones Motor Cars, Inc. (2012) 205 Cal.App.4th 436.) To the extent California law were to apply here at all, CCP 1281.2 applies only when "a party to the agreement refuses to arbitrate." Such is not so here. Moreover, CCP 12...

Excerpt: ...gs:Matter on the Discovery calendar for Tuesday, July 11, 2023, Line 3, (to be heard at 1:30 p.m. by Judge Pro Tem Scott Borrowman) 2 - PLAINTIFFS PEBBLEBROOK HOTEL, LP, PEBBLEBROOK HOTEL TRUST, SERENITY NOW, LP, A DELAWARE LIMITED PARTNERSHIP, LET IT FLHO, LP, A DELAWARE LIMITED PARTNERSHIP, GEARY DARLING, LP. A DELAWARE LIMITED PARTNERSHIP, SF TREAT, LP, A DELWARE LIMITED PARTNERSHIP'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORI...

Excerpt: ...Undertaking. WSJ, LLC 's motion to require out-of-state plaintiff to file a CCP 1030 bond is denied. "To obtain an order requiring such bond, defendant must show a 'reasonable possibility' that it will prevail at trial, and a detailed estimate of the costs it is likely to incur." (Weil & Brown, Cal. Practice Guide: Civ. Proc. Before Trial, 11:280.2.) At minimum, WSJ fails to show the latter; the Fisher declaration is insufficient. For the 9:30 a....

Excerpt: ...ment for a negligent breach of fiduciary duty is met, there are no triable issues of material fact and defendants have no defenses. (Not., 10-17.) Cross-Defendants negotiated a settlement agreement for cross-complainants which included "crucial" terms that an independent board would be implemented and or the matter would proceed to trial. (MPA, 2:28, 3:1-2.) The language of the settlement agreement reads as follows: "The parties agree to explore ...

Excerpt: ...ontract between Plaintiff Lianette Hollie and the dealership Hanlees Hilltop Nissan under equitable estoppel. under equitable estoppel, a nonsignatory defendant can compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are "intimately founded in and intertwined with' the underlying contract obligations. (Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324, 1333-34.) The 'fundamental point' of equ...

Excerpt: ...ed show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law." (CCP sec. 437c(c).) The moving party has the initial burden of production to show the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to show the existence of a triable issue ...

Excerpt: ...A., Inc.) motion to compel arbitration is denied. The Federal Arbitration Act (FAA) makes agreements to arbitrate "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (AT&T Mobility LLCv. Concepcion (2011) 563 U.S. 333, 336; 9 U.S.C. sec. 2.) The arbitration provision contained within the car's sales contract is governed by the FAA. (See Myers Decl., Ex. A at p. 7.) Plainti...

Excerpt: ...compel arbitration of Plaintiffs (Maximillian Jones) individual PAGA claims is granted. Plaintiffs representative PAGA claims are ordered stayed pending arbitration of the individual PAGA claims. (9 U.S.C. sec. 3.) The Federal Arbitration Act (FAA) makes agreements to arbitrate "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ' (AT&T Mobility LLC v. Concepcion (2011) 563...

Excerpt: ...by a contract. In it, the parties agreed that courts in San Francisco would have "exclusive jurisdiction' cwer "any dispute or lawsuit arising out of" the contract. (See Jaworski Decl., Ex. E.) For decades, the courts have validated such selection clauses. (Smith, Valentino & Smith, Inc. v. Superior Court (1976) 17 Cal.3d 491, 495-496.) Defendants do not dispute this, but argue that the contract language does not give this court personal jurisdic...

Excerpt: ... Pursuant to the parties' agreement, the motion to strike is granted without leave to amend as to the following: 1. Page 6 between lines 8-9, which states: "defendants willfully and/or maliciously and/or in conscious disregard of plaintiffs rights failed and/or refused to do so"; 2. Page 6, line 11, which states: "callously"; 3. Page 6 between lines 11-12, which states: "selfish purposes"; 4. Page 6, line 13, which states: "punitive damages" and ...

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: ...ted. The court severs the cause of action for writ of mandamus against the Commissioner of the Department of Insurance and directs the Clerk of the Court to assign a new case number to that claim. Plaintiff's claims for breach of contract and breach of the implied covenant of good faith and fair dealing will proceed under the existing case number (CGC-23-605589). For the reasons below, the court denies defendant's request to transfer the breach o...

Excerpt: ...February 27, 2023, the court issued an order stating that defendant's moton was "denied." (Order Denying Arbitration, 1:26.) The motion was not denied "without prejudice" and therefore, defendant needs to comply with the prerequisites of CCP IW8(b) for this renewed motion. Defendant fails to meet its burden. Defendant fails to demonstrate new facts or diligence. (Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal...

Excerpt: ...equately pleads the elements of an Unruh Act claim. (CACI 3060.) Plaintiff alleges she is disabled and defendants denied her full and equal access to public space in their condominium building by a series of unsafe and/or illegal conditions. (See, e.g., Cmplt. at 1:21-4:23, 6:28-18:8, 22:11-22, 27:22-23.) Where ADA- mandated access is at issue in an Unruh Act case, intentional discrimination is not required. (Munson v. Del Taco, Inc. (2009) 46 Ca...

Excerpt: ...ite Inspection And Request For Monetary Sanction. Pro Tem Judge Robert Kane, 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 p...

Excerpt: ...d As Anneta Realty Group, Lp) For Entry Of Dismissal Of Action Defendant ANNETA REALTY CORP.'s motion to dismiss is denied. Defendant can file this motion since it is not in default. Plaintiff defaulted a defunct entity-"Anneta Realty Group, LP". (Luthin Decl., par. 14, Ex. 10.) Plaintiff filed this action on March 2, 2021. On June 29, 2021, plaintiff filed an amended complaint that added movant's prior iteration as a defendant. On August 25, 202...

Excerpt: ...IVE RULING ONLY, PART 2 OF 2) Second, even if there had been more substantial meet and confer efforts, the relief that Plaintiff seeks would not be justified. Plaintiff seeks to disqualify Defendant's counsel, vacate a prior award and obtain a substantial award of sanctions. None of this extraordinary relief would be justified to sanction disagreements about the adequacy of responses to written discovery, where there has been no prior order to co...

Excerpt: ...'s bank account, to which he complied. Both sides claim they were not hacked and point blame at the other. Defendant now asks that the motion to enforce settlement be denied because "it is not clear which party is most greatly at fault" according to the unreported case Meritdiam, Inc. v. Facets Fine Jewelry, LLC, 2015 WL 12660377 (C.D. cal. Apr. 27, 2015). However, Meritdiam is not persuasive on these facts. Defendant fails to cite any relevant c...

Excerpt: ...rdell, 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 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 ...

Excerpt: ...o 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 sig...

Excerpt: ...ce defendant since there is no trial date and the amendment does not change the tenor of the case. Judicial estoppel does not prevent plaintiff from seeking to plead a claim under sec. 1510(b)(1) of the unclaimed Property Law (CCP 1500 et seq. ("UPL").) The judicial estoppel "doctrine applies when the same party has taken two positions; (2) the positions were taken in judicial or quasi-judicial administrative proceedings; (3) the party was succes...

Excerpt: ...y of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial, this policy should be applied only where no prejudice is shown to the adverse party." (Atkinson v. Elk Corp. (2W3) 109 Cal.App.4th 739, 761.) Prejudice exists where the amendment would result in a delay of trial along with added cost of preparation and increased burden of discovery. (Edmon & Karnow, CALIFORNIA PRACTICE GUIDE...

Excerpt: ...ed an order stating: "NY Life's motion to change venue based upon the convenience of the witnesses and ends of justice is denied." (2:22-23.) NY Life points to no portion ofthat order or citation to the reporter's transcript from the oral argument where the court denied the motion "without prejudice." Therefore, NY Life is required to comply with the prerequisites of CCP 1008(b) for this renewed motion. NY Life fails to meet fts burden. First, th...

Excerpt: ...tion. 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 not all parti...

Excerpt: ... complaint pursuant to Code of Civil Procedure section 418.10, which is unopposed, is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The court quashes Plaintiff Scott Batchelor's service of summons and service of his original complaint. (See Code Civ. Proc., 418.10, subd. Specially-appearing Defendants request that the court "quash" its April 21, 2023 order granting leave to file the original complaint under seal is denied without prejudic...

Excerpt: ... 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 Supe...

Excerpt: ... 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 stipulatio...

Excerpt: ...ETITION FOR WRIT OF MANDATE AGAINST RICARDO LARA AS COMMISSIONER OF THE CALIFORNIA DEPARTMENT OF INSURANCE (PART 2 OF 2, FOR TENTATIVE RULING PURPOSES ONLY) For the 9:30 a.m. Law & Mohon 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 "T...

Excerpt: ...y is pled. The complaint says defendant photographed private areas of plaintiffs' home from a neighbor's property without permission from anyone. It is also pled that one of defendant's photos included a window of plaintiffs' minor children and that he "had been researching the læation of [the] children s bedroom." Defendant used one photo of plaintiffs' home in an unsuccessful "discretionary review application" he filed with the city planning c...

Excerpt: ...court accepts plaintff's late-filed opposition. Defendant was not prejudiced and substantively responded to the late filing. Plaintiff alleges a sufficient relationship between plaintiff and defendant for the concealment claim. (Dhital v. Nissan N. Am. Inc. (2022) 84 Cal.App.5th 828, 844 [allegations that plaintiff purchased vehicle from Nissan dealership, that Nissan issued a warranty, and dealership was agent of Nissan were suffcient to show re...

Excerpt: ... The attorney-client relationship was governed by the attorney representation agreement (ARA) attached to the complaint. Most of defendant's demurrer arguments are based on her notion that the ARA had to be modified for plaintiffs interpretation of it to prevail. Plaintiffs, on the other hand, insist no modification was needed or occurred. If, as here, a contract is attached to a complaint, plaintiffs interpretation must be accepted as correct on...

Excerpt: ...TED. The court orders plaintiffs individual PAGA claim to arbitration and stays his representative PAGA claim pending arbitration per Code of Civil Procedure section 1281.4. The main point of dispute is the issue of a stay. The court finds the individual and representative PAGA claims both require resolution of the "aggrieved employee" question. (See Lab. C. , 2699(c).) On the issue of whether a stay is necessary, Jarboe v. Hanlees Auto Group (20...

Excerpt: ...nt adult causes of action. (Opp. 2:S_) Therefore: the demurrer is unnecessary as to those causes of action. (Opp. 2:8_) Intentional infliction of emotional distress ("llED"): To state a claim for IIED: "a plaintiff must show. (1) outrageous conduct by the defendant; (2) the defendant' s intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiffs suffering severe or extreme emotional distress: an...

Excerpt: ...ve order re Thoits Law discovery on plaintiffs' ability to pay arbitration fees and costs" is denied. Ordered to arbitrate their dispute with Thoits, plaintiffs seek to avoid arbitration by asserting indigency. Thoits doubts plaintiffs' claims and has propounded financial circumstances discovery against which plaintiffs seek the protective order. But such discovery is authorized by Aronow v. Sup. Ct. (2022) 76 Cal.App.5th 865, 884, a case factual...