Excerpt: ...r:CGC22599199Case Title:KIMI NORWAY VS. SAN FRANCISCO UNIFIED SCHOOL DISTRICT ET ALCourt Date:NOV‐18‐2022 09:30 AMCalendar Matter:MOTION TO STRIKE COMPLAINTRulings:Matter on calendar for Friday, November 18, 2022, Line 10, 3. DEFENDANT JONATHAN LEE'S MOTION TO STRIKE COMPLAINT. *THE COURT'S FULL AND COMPLETE TENTATIVE RULING HAS BEEN EMAILED TO ALL COUNSEL* The notice of the anti‐SLAPP motion targets the entire complaint. The Supreme Court ...

Excerpt: ...s v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 391.) Plaintiff brought this civil suit against Defendant for her judicial decision in Plaintiff's case. Defendant now brings this demurrer on the grounds of judicial immunity. "[T]he doctrine of civil immunity of the judiciary in the performance of judicial functions is deeply rooted in California law." (Howard v. Drapkin (1990) 222 Cal.App.3d 843, 852 [internal quotations omitted].) "The decisions ...

Excerpt: ...nd a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) Here, defendant establishes the existence of an arbitration agreement. (Hansen Decl., pars. 5‐7, Ex. 1.) In opposition, plaintiff demonstrates that the agreement is unconscionable and unenforceable. Plaintiff's agreement is very similar to the ...

Excerpt: ...a Nationwide employee; it appointed her to represent plaintiff. Mayfield declined a settlement offer under the $1‐million policy limits, then suffered an $8.2‐million trial loss, exposing plaintiff. He sued Nationwide and Mayfield; the latter answered. Nationwide demurs to the complaint's third and fourth counts, for legal malpractice under negligence and breach of fiduciary duty theories. Nationwide's argument as to each is that ‐ though "...

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: ...or the county where the defendants, or some of them, reside at the commencement of the action, is a proper court for the trial of the action." Here, defendant fails to show that defendant Uber Technologies, Inc. does not reside in San Francisco. Defendants' motion to change venue based upon the convenience of witnesses is denied without prejudice as premature since there is no answer on file. (See Easton v. Superior Court (1970 12 Cal.App.3d 243,...

Excerpt: ...ice to the defendant. (See Rainer v. Buena Cmty. Mem'l Hosp. (1971) 18 Cal.App.3d 240, 257‐259.) Indeed, an unexplained delay alone is grounds to deny amendment. (See Record v. Reason (1999) 73 Cal.App.4th 472, 486 ["even if a good amendment is proposed in proper form, unwarranted delay in presenting it may‐of itself‐be a valid reason for denial."].) Here, plaintiff does not convincingly argue that recent discovery compels the amendment. Fi...

Excerpt: ...��DENNY [TRANSFERRED FROM 9:30 CALENDAR]. (Part 1 of 2 for purposes of entry of Tentative Ruling.) 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 motion may be heard by the Pro Tem Judge. If all parties to...

Excerpt: ...de pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The defendant was not amenable to the process of the court. (b) The prosecution of the action or proceedings in the action was stayed and the stay affected service. (c) The validity of service was the subject of litigation by the parties. (d) Service, for any other reason, was impossible, impracticable, or futile due to causes b...

Excerpt: ...nc. as Fisher dismissed its cross‐complaint as to Alcal Specialty Contracting Inc. on October 24, 2022. C/S Erectors, Inc. lacked standing to oppose this motion since it was not directed towards a C/S Erector pleading. "It is well settled in California ... that the exoneration of a joint tortfeasor from liability does not 'aggrieve' the other individually liable tortfeasor(s) insofar as that word is understood to apply to a party's standing to ...

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: ...FOR POSTING TENTATIVE RULING] (Tentative ruling continued from previous entry.) The trial court may order a terminating sanction for discovery abuse after considering the totality of the circumstances: the conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery." Creed-21 v. City of Wildomar, 18 Cal. App. 5th 690, 701-702 (2017). ...

Excerpt: ...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 fax or consent to sign giv...

Excerpt: ...nts 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 telephone...

Excerpt: ...n or proceeding if either of the following conditions is satisfied: The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. (CCP 387(d)(1)(B))." Here,...

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 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 al...

Excerpt: ...e overruled. First, it matters not that the complaint labels its "first cause of action" "preliminary injunction," as that remedy is also pled in the prayer. (Cmplt. 12:10‐ 13.) Indeed, the court already issued a preliminary injunction in July 2022. Second, CalPERS says the complaint's second cause of action improperly applies to "all CalPERS members." (Memo. 4:17, 10:3.) Actually, the second cause applies only to plaintiff David Parenti ‐ "h...

Excerpt: ...Venue. Defendants' notice of motion and motion to transfer venue to Kern County is granted. Plaintiff shall pay the transfer fees. A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to change the place of tr...

Excerpt: ... judgment is denied. Defendant's alternative motion for summary adjudication is granted as to the breach of contract claim and denied as to the negligence claim. Defendant's motion for summary judgment on the negligence cause of action is denied. There is a triable issue of material fact whether Ms. Glassmaker acted as plaintiffs' agent to procure the insurance. (Ryan Decl., Ex. B [Rodriguez Depo., 30:9‐11; 31:8‐10]; Ex. D [Rodriguez Decl., p...

Excerpt: ...lable in most negligence cases. But this is more than a negligence case; intentional wrongdoing by attorneys is claimed. (See Smith v. Sup. Ct. (1992) 10 Cal.App.4th 1033, 1040.) 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 Se...

Excerpt: ...vor of the opposing party; any doubts regarding the propriety of summary judgment are to be resolved in favor of the opposing party." (Kulesa v. Castleberry (1996) 47 Cal.App.4th 103, 112.) In this case, there is a triable issue of material fact regarding whether the parties amended the underlying loan agreement, which the guaranty is based upon, and whether plaintiff breached the implied covenant of good faith and fair dealing by failing to prov...

Excerpt: ... Motion To Compel Defendant Chieh‐Ping Shens Further Responses To Form Interrogatories, Set One, Number 12.1 And 12.7; Request For Sancts Against Defendant And Her Attorney, Kathryn Klaus, In The Amount Of $1,422. (Part 1 of 2 for purposes of entry of Tentative Ruling.) Pro Tem Judge James Fleming, 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 ...

Excerpt: .... With less of one type, the party urging unconscionability must show more of the other. (See generally, e.g. OTO, L.L.C v. Kho (2019) 8 Cal.5th 111, 130; Davis v. Kozak (2020) 53 Cal.App.5th 897, 905 ("sliding scale").) Here, Plaintiff alleges procedural unconscionability because CFO Dipak Joshi told him that other employees who did not sign the agreement would be terminated. (Heinrich Decl., 4) Plaintiff also alleges that in light of his health...

Excerpt: ...LC, Stiiizy, LLC, And Stiiizy Development, LLC motion to set aside entry of default is granted. The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to ...

Excerpt: ...mended Complaint. Defendant's (MEDIX STAFFING SOLUTIONS, INC.) motion to strike is denied. Defendant urges this court to strike Plaintiff's representative claim under the Private Attorney General Act ("PAGA") in light of the United States Supreme Court's opinion in Viking River Cruises v. Moriana. Specifically, Defendant argues that Plaintiff loses standing to bring a representative PAGA claim after her individual PAGA claim has been separated. T...

Excerpt: ...nt by the preponderance of the evidence." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) In this case, defendant establishes that the parties agreed to arbitrate their dispute when they entered into the 2022 Coinbase User Agreement ("2022 Agreement"). (Jankowski Decl., pars. 11‐15.) The court rejects plaintiff's argument that the 2022 Agreement does not apply to this dispute because it does not apply retroactively and t...

Excerpt: ...he personal property; 2. That Defendant substantially interfered with Plaintiff's property by knowingly or intentionally: taking possession of the of personal property; or preventing Plaintiff from having access to the personal property; or destroying the personal property; or refusing to return the personal property after Plaintiff demanded its return. 3. That Plaintiff did not consent; 4. That Plaintiff was harmed; and 5. That Defendant's condu...

Excerpt: ... REGINA MOSELEY and WELLINGTON BALSLEY'S Motion To Vacate Order Granting Defendants' Motion To Compel Arbitration And Stay Proceeding; Request For Sanctions. Plaintiff's motion to vacate the order compelling arbitration is denied. Plaintiff seeks to vacate the arbitration order and recover sanctions pursuant to CCP 1281.97 et seq. The parties' agreement, however, provides: "The parties agree that the California Code of Civil Procedure shall not g...

Excerpt: ...ails to establish a basis for tolling the 3‐year period. The Judicial Council COVID orders pertain to filing documents, not service. (Opposition, Exs. 1‐3.) Crane v. Dolihite (2021) 70 Cal.App.5th 772 is inapposite as that cause involved an inmate that was prevented from serving a fellow inmate. Plaintiff's argument that defendant was not amenable to service fails. Under Perez v. Smith (1993) 19 Cal.App.4th 1595, 1598, the fact that defendant...

Excerpt: ...O VACATE ARBITRATION AWARD. Talesun Solar USA Ltd.'s ("Talesun") motion to quash is granted. Silverado Power, LLC ("Silverado") fails to show that it duly filed and served the petition to vacate on Talsesun. "A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner." (CCP 1288.) CCP 1286.4 provides that: "The court may not v...

Excerpt: ...22, the plaintiff filed a first amended complaint. Plaintiff and defendant SFUSD agreed to set a demurrer and motion to strike the first amended complaint for November 18, 2022. The general rule is that an amended complaint supersedes a prior complaint and a motion directed to the prior complaint is moot. (See State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1131 ["Because there is but one complaint in a civil action [c...

Excerpt: ...rous condition of public property (Gov't 835) is denied. Defendant fails to maintain its burden of production. (See CCP 437c(p)(2).) "The papers are to be construed strictly against the moving party and liberally in favor of the opposing party; any doubts regarding the propriety of summary judgment are to be resolved in favor of the opposing party." (Kulesa v. Castleberry (1996) 47 Cal.App.4th 103, 112.) "The existence of a dangerous condition or...

Excerpt: ...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 will decide the motion with the same author...

Excerpt: ... 20‐24 Propounded To Defendant Regents Of The University Of California: 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 sti...

Excerpt: ...ction is the proper court for the trial of the action." (Id.; Not. 2:3.) Where defendant Flynn himself resides is not clear; his counsel's declaration does not say. It is certain, however, that ‐ as the first amended complaint (FAC) states ‐ defendant Lyft, Inc. resides in San Francisco, which is "its principal place of business." (Id. at 3:3‐5; Michael Dec. Ex. B.) Defendant Fasica Alemayehu is also pled to reside in San Francisco. (FAC 3:...

Excerpt: ...n such an action cannot recover its costs. (See Cruz v. Fusion Buffet, Inc. (2020) 57 Cal.App.5th 221, 241‐242; Earley v. Superior Court (2000) 79 Cal.App.4th 1420, 1429.) The court rejects defendant's argument that Labor Code sec. 1194 does not apply because the court ruled that plaintiff is not an "employee." In Cruz, the court did not allow the prevailing individuals (Chen and Lin) to recover their costs under Labor Code sec. 1194 even thoug...

Excerpt: ...per. Ct. (1989) 213 Cal.App.3d 1045, 1047 [discretion to permit amendments "should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit."].) Plaintiff has been diligent. While plaintiff learned of Mr. Malekar's compensation in May of 2022, plaintiff has been attempting to obtain more detailed information regarding that compensation to no avail. (Roger Decl., par. 16.) The...

Excerpt: ... Garnier bought workers' compensation insurance through Contractors Brokerage Service, a now‐defunct corporation of which cross‐defendants were principals. (Id. at 2:3‐9, 21‐24.) The FACC further pleads that Contractors Brokerage "held itself out as a specialist for contractors," and had a "legal duty to adequately explain the insurance policies it was selling to Garnier." (Id. at 5:4‐8, 18‐23.) No explanation occurred and the state's...

Excerpt: ...en Hall) motions for summary judgment or alternatively, summary adjudication are granted and denied as follows: Defendants Anguiano and Hall's motions for summary judgment are granted. The only claims asserted against them are the fourth cause of action of disability harassment and the fifth cause of action for age harassment. The only conduct that plaintiff cites is personnel management actions. Unlike slurs, physical threats, etc., such necessa...

Excerpt: ...rbitration agreement at a healthcare facility can bind relatives who present claims arising from the patient's treatment. (Mormile v. Sinclair (1994) 21 Cal.App.4th 1508, 1511‐1516.) Here, Mrs. Covert signed an arbitration agreement which stated she "agree[d] that any and all claims and disputes arising from or related to this Agreement or to [her] residency, care or services" would be resolved by arbitration, and that "[the] arbitration clause...

Excerpt: ...s for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action." Since the death occurred in San Francisco, plaintiffs properly venued this case here. The same would be true under CCP ...

Excerpt: ...sts for judicial notice are granted. Defendant first argues that the statutory language of FEHA requires this case to be heard in Siskiyou County. However, Defendant is a corporation with its principal place of business in San Francisco. (P's RJN, Ex. A.) "A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county wher...

Excerpt: ...udication is denied. CCSF's separate statement of undisputed facts does not comply with CRC 3.1350. First, defendant fails to list the evidence supporting the purported undisputed facts in the correct column. (See CRC 3.1350(h).) Second, the alternative motion for summary adjudication does not comply with CRC 3.1350(b)["If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in...

Excerpt: ...tract in a language he may not have completely understood would not bar enforcement of the arbitration agreement. If [Plaintiff] did not speak or understand English sufficiently to comprehend the English Contract, he should have had it read or explained to him." (Ramos v. Westlake Services LLC (2015) 242 Cal.App.4th 674, 687.) "All [Plaintiff] had to do was tell [Defendant] or one of [Defendant's] Spanish‐speaking employees that he cannot read ...

Excerpt: ... stay the action due to forum non conveniens" is denied. San Francisco‐based Doordash operates an app‐based meal delivery business that, as its name suggests, counts on its "dasher" meal‐ deliverers to be speedy. (Cmplt. 2:14‐3:14.) The complaint alleges that a dasher in Wisconsin killed a man while driving 75 miles per hour in a 40‐mph zone. (Id. at 3:12‐4:3.) Notably, the dasher is not being sued. Instead, the complaint blames Doord...

Excerpt: ...r a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission." Plaintiff filed this action on July 28, 2021. But by January 31, 2019, when the parties entered into the settlement agreement, plaintiff was on notice o...

Excerpt: ...anted. In this wrongful death case, Mitchell Engineering cross‐claimed against Bradley and DeHaro‐ Rameriz Corporation. On January 5, 2022, Mitchell attorney Whirl signed and filed a voluntary dismissal with prejudice of Mitchell's second amended cross‐complaint. Mitchell's owner and president Curtis Mitchell insists he "never consented or provided any authority, to anyone, including Vanessa Whirl" for the cross‐complaint's dismissal. (7/...

Excerpt: ...NIA, JASON PARK, and M.D.'S Motion In Support Of Motion For Summary Judgment, Or In The Alternative, Summary Adjudication, By Defendants The Regents Of The University Of California, Griffin Sinclair Collins, M.D. And Jason Park, M.D. Defendant's motion for summary judgment or alternatively, summary adjudication is denied. On a summary judgment motion, the court strictly construes the moving party's evidence and liberally construes the opposing ev...

Excerpt: ...enied. CSAA made CCP 998 offers of costs waiver ‐ offers plaintiffs did not accept. Plaintiffs then lost their case to summary judgment, and CSAA filed a costs memorandum. Plaintiffs challenge one element of that memo: $14,790 for two experts ‐ in insurance bad faith and attorney standard of care. Plaintiffs' arguments are unavailing. First, plaintiffs say the CCP 998 offers were "a token or bad faith offer," but fail to carry their burden wi...

Excerpt: ...rson, Bradley & Feeney And Any Of Its Attorneys Including Timothy J. Halloran, John P. Girarde And Michael D. Saenz From Representing Any Of The Following Defendants. Plaintiff's motion to disqualify The Law Firm of Murphy, Pearson, Bradley & Feeney and any of its attorneys, is denied. First, the motion is moot since the court granted the law firm's anti‐SLAPP motion. Second, even if that motion were not granted, the motion is premature since t...