Related Content
in San Francisco County
Ruling
LINA M HERNANDEZ VIRVIESCAS VS. PEDRO GARCIA ET AL
Jul 17, 2024 |
CGC23608863
Matter on the Law & Motion Calendar for Wednesday, July 17, 2024, Line 10. CROSS DEFENDANT LINA HERNANDEZ VIRVIESCAS' DEMURRER to CROSS COMPLAINT. Off calendar. The Hayes declaration indicates counsel did not meet and confer in person, by telephone, or by video conference, as required by CCP 430.41. Responsive pleadings are now due by August 19, 2024. 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 who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/CK)
Ruling
GUADALUPE AGBABIAKA VS. FORD MOTOR COMPANY, A DELAWARE CORPORATION ET AL
Jul 17, 2024 |
CGC23606379
Matter on calendar for Wednesday, July 17, 2024, Line 4, PLAINTIFF GUADALUPE AGBABIAKA's Motion To Compel Deposition Attendance And Production Of Documents By Ford Motor Company And Request For Sanctions. The matter is continued to August 8, 2024 on the court's motion. =(302/JPT).
Ruling
SARAH HOLMSTROM VS. ROUDA FEDER TIETJEN & MCGIUNN ET AL
Jul 19, 2024 |
CGC23608578
Matter on the Law & Motion calendar for Friday, July 19, 2024, Line 8. 2 - DEFENDANT ROUDA FEDER TIETJEN & MCGIUNN's MOTION TO STRIKE 2ND Amended COMPLAINT. Off calendar. No party provided courtesy copies in compliance with SF Local Rule 2.7B. Friday's Law & Motion Calendar will be called out of Dept. 301. Anyone intending to appear in person should report to Dept. 301. However, anyone intending to appear remotely should use the regular Zoom information for Dept. 302's Law & Motion Calendar for 9:30 a.m. 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 who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RCE)
Ruling
JANE A. KANTER ET AL VS. GRAIL PARTNERS LLC, A DELAWARE CORPORATION ET AL
Jul 15, 2024 |
CGC24614313
Matter on the Law & Motion Calendar for Monday, July 15, 2024, Line 8. PLAINTIFF JANE KANTER AND BRYON COOPER's APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER. Plaintiffs Jane Kanter and Byron Cooper's application for right to attach is granted and denied in part. The application is denied as to Jane Kanter. The evidence indicates that she acted as counsel for defendant Grail Partners LLC, failed to comply with CRPC 1.8.1 and the restated promissory note is voidable as to her. Plaintiff may be able to pursue a restitution claim. The application is granted as to Byron Cooper. Byron Cooper's claim is one upon which attachment may be issued, the amount owed is readily ascertainable, he establishes the probable validity of the claim, and the application is sought for a proper purpose. Fergus v. Songer (2007) 150 Cal.App.4th 552, 574 indicates that he has an independent right to enforce the agreement notwithstanding co-plaintiff's alleged violation of CRPC 1.8.1. None of defendants' other affirmative defenses has merit. Plaintiff Cooper to provide a judicial council form of order and email it to contestdept302tr@sftc.org prior to the hearing. The order shall provide for attachment for $1,260,920. Plaintiff Cooper shall also post an undertaking of $10,000. Plaintiff shall also prepare an additional proposed order setting out the above and email it to contestdept302tr@sftc. 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 who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
SAMEER BHADOURIA ET AL VS. MSASA PROPERITES, LLC, ET AL
Jul 19, 2024 |
CGC23606082
Matter on the Discovery Calendar for Friday, July 19, 2024, line 3, DEFENDANT MSASA PROPERTIES, LLC'S MOTION FOR PROTECTIVE ORDER REGARDING PROPERTIES OWNED PROPERTIES BOUGHT AND SOLD AND PROPERTIES OWNED AND RENOVATED REQUEST FOR SANCTIONS (TENTATIVE RULING PART 3 OF 4) In support of the three special interrogatories, plaintiffs allege that defendant is and has acted as a "developer" of properties which it then renovates/remodels for purposes of (hopefully profitable) resale, a business model colloquially referred to as "property flipping" - a real estate investing tactic that involves buying a home, fixing it up and reselling it quickly. Although defendant has denied this allegation, for purposes of pretrial discovery plaintiffs have no obligation to prove it up or support it with a good cause showing. Williams v. Superior Court, 3 Cal.5th 531, 550 (2017). The evident purpose of the three interrogatories at issue is to determine just how often over time defendant has purchased properties in need of renovation, arranged/contracted for such renovations and then resold the properties to willing third parties such as Ms. Ongpin, the purchaser from whom plaintiffs bought the Alvarado Street home. The sought-after information would purportedly be used to establish customs and practices employed by defendant in so conducting its business, including for example how often (and close) defendant has worked with defendant AMC Builders, Inc., the contractor hired by defendant to perform the allegedly bungled and defective renovations and to which defendant not so subtly points in its summary judgment motion. The requested information could well show whether and how often defendant has been accused of below-standard renovations in the past and the relationships (if any) defendant and AMC Builders have developed with the San Francisco Department of Building Inspection, the municipal agency issuing the permits and conducting the inspections upon which defendant relies heavily in its summary judgment motion (see, e.g., Mohammed Nuru, Inspector Bernard Curren). All of this information would potentially lead to admissible evidence as to the standard of care defendant should be subject to as an allegedly experienced and knowledgeable residential developer/renovator. In sum, the Court finds that the three special interrogatories are indeed relevant to the subject matter of this action and reasonably calculated to lead to the discovery of evidence admissible at trial. Nor are they vague and overbroad. As for defendant's financial privacy interests, both sides cite to the dispositive holding in SCC Acquisitions, Inc. v. Superior Court, 243 Cal.App.4th 741, 755-756 (2015) for the principle that companies have limited privacy interests that need to be balanced against whether the sought-after information is reasonably calculated to lead to the discovery of admissible evidence. Here, as outlined above, there are certainly reasonable and relevant purposes for which the identification of properties called for in the three interrogatories (by address, when purchased and when sold) would be useful. As such, this information could well lead to admissible evidence at trial. (end part 3, see part 4 tentative ruling) = (302/JPT)
Ruling
WILMINGTON TRUST, NATIONAL ASSOCIATION, AS ET AL VS. EMPORIUM MALL LLC, A DELAWARE LIMITED LIABILTY ET AL
Jul 15, 2024 |
CGC23609424
Real Property/Housing Court Law and Motion Calendar for July 15, 2024 line 12. DEFENDANT EMPORIUM MALL LLC, A DELAWARE LIMITED LIABILTY COMPANY, S.F. CENTRE LIMITED PARTNERSHIP, A DELAWARE Motion Of Defendants Emporium Mall Llc And S.F. Centre Limited Partnership For Order Staying Litigation; Memorandum Of Points And Authorities is denied. Defendants assertion that the "purpose" of the stay is to benefit the Receiver is belied by the Receiver's response to this motion. Moreover, the primary authority relied on by the defendants for their extraordinary request to stay another case is the final order appointing the Receiver that order states that the Receiver (not any other party) "may ... seek a blanket stay" of other lawsuits. While any judge of the San Francisco Superior Court has the jurisdiction to stay any case pending in this Court, staying another case should only be done where there is a clear need to do so. Defendants have not shown such a clear need. =(501/HEK) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear.
Ruling
JOSE R. CALLES ET AL VS. AMERICAN HONDA MOTOR CO., INC., A CALIFORNIA ET AL
Jul 17, 2024 |
CGC23610216
Matter on calendar for Wednesday, July 17, 2024, Line 6, PLAINTIFF JOSE CALLES, JOSE CASTILLO PEREZ's Motion To Compel Further Responses To Plaintiffs Request For Production Of Documents, Set One. The matter is continued to August 15, 2024 on the court's motion. =(302/JPT).
Ruling
JAMES ZORDANI ET AL VS. GIGSTER INC. ET AL
Jul 19, 2024 |
CGC23611071
Matter on the Law and Motion Calendar for Friday, July 19, 2024, Line 11. CROSS DEFENDANT ELASTECH SERVICES LLC's MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS. Continued to August 16, 2024, on the court's motion. Friday's Law & Motion Calendar will be called out of Dept. 301. Anyone intending to appear in person should report to Dept. 301. However, anyone intending to appear remotely should use the regular Zoom information for Dept. 302's Law & Motion Calendar for 9:30 a.m. 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 who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address =(302/RCE)
Ruling
SECFI, INC., A DELAWARE CORPORATION VS. KWON EKSTROM ET AL
Jul 19, 2024 |
CGC24615203
Matter on the Law and Motion Calendar for Friday, July 19, 2024, Line 15. PLAINTIFF SECFI, INC., A DELAWARE CORPORATION's Notice Of Application For Writ Of Possession And Hearing. Plaintiff SECFI's unopposed Application for Writ of Possession and Turnover Order is granted. Friday's Law & Motion Calendar will be called out of Dept. 301. Anyone intending to appear in person should report to Dept. 301. However, anyone intending to appear remotely should use the regular Zoom information for Dept. 302's Law & Motion Calendar for 9:30 a.m. 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 who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the defendant is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RCE)
