This case was last updated from San Francisco County Superior Courts on 08/18/2019 at 10:55:58 (UTC).

BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL

Case Summary

On 08/09/2018 BRIDGE HOUSING CORPORATION filed a Property - Construction Defect lawsuit against MILGARD MANUFACTURING, INC. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The Judges overseeing this case are TERI L. JACKSON and GARRETT L. WONG. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8770

  • Filing Date:

    08/09/2018

  • Case Status:

    Not Classified By Court

  • Case Type:

    Property - Construction Defect

  • County, State:

    San Francisco, California

Judge Details

Judges

TERI L. JACKSON

GARRETT L. WONG

 

Party Details

Plaintiffs and Cross Defendants

BRIDGE HOUSING CORPORATION

JAMES E ROBERTS-OBAYASHI CORPORATION

ZOES 1-100, INCLUSIVE

Defendants and Cross Plaintiffs

MILGARD MANUFACTURING, INC.

DOES 1 TO 100, INCLUSIVE

P&M WINDOW CO., INC.

P&M WINDOW COMPANY, INC.

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

LUCIA, CHRISTIAN P.

Attorney at SELLAR HAZARD & LUCIA A PROFESSIONAL CORPORATION

201 N. Civic Drive, Suite 145

Walnut Creek, CA 94596

Defendant and Cross Plaintiff Attorneys

HAMMONS, WALLACE W.

Attorney at HAMMONS & BALDINO LLP

2601 Airport Drive, Suite 105

Torrence, CA 90505

LAGMAN-LEGASPI, CATHERINE

Attorney at THE LAW OFFICE OF JENNINGS & LEGASPI

P.O. Box 9158

Brea, CA 92821

 

Court Documents

REQUEST FOR ENTRY OF DEFAULT - P and M WINDOW CO., INC.

REQUEST FOR ENTRY OF DEFAULT/DEFAULT ENTERED, COURT JUDGMENT REQUESTED (TRANSACTION ID # 62496495) AS TO DEFENDANT P&M WINDOW CO., INC.

Notice of Time and Place of Trial AND Trial Order

NOTICE OF TIME AND PLACE OF TRIAL, COURT TRIAL SET FOR FEB-03-2020 AT 9:30 AM IN DEPT. 206. CASE MANAGEMENT CONFERENCE ON JUN-26-2019 IS OFF CALENDAR. NOTICE SENT BY COURT.

Bridge Housing Case Management Statement

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 63352353) FILED BY PLAINTIFF BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 15.0 DAYS

Milgards Case Management Statement

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 63309030) FILED BY DEFENDANT MILGARD MANUFACTURING, INC. JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 15.0 DAYS

Notice of Entry of Order Continuing Case Management Conference

NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED (TRANSACTION ID # 63078740) FILED BY PLAINTIFF BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF MAR-20-2019 CONTINUED TO JUN-26-2019 AT 10:30 AM IN DEPARTMENT 610 FOR THE SUBMISSION OF CASE MANAGEMENT STATEMENTS & TRIAL SETTING. NOTICE SENT BY COURT.

Answer to Plaintiffs Complaint

ANSWER TO COMPLAINT (TRANSACTION ID # 100061535) FILED BY DEFENDANT P&M WINDOW COMPANY, INC.

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF FEB-13-2019 CONTINUED TO MAR-20-2019 AT 10:30 AM IN DEPARTMENT 610 TO OBTAIN AN ANSWER(S) FROM, OR ENTER DEFAULT(S) AGAINST, DEFENDANT(S) P&M WINDOW CO., INC. NOTICE SENT BY COURT.

Case Management Statement

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 100060360) FILED BY PLAINTIFF BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 5.0 DAYS

ORDER

ORDER : STIPULATION TO SET ASIDE DEFAULT

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF JAN-09-2019 CONTINUED TO FEB-13-2019 AT 10:30 AM IN DEPARTMENT 610 FOR THE SUBMISSION OF CASE MANAGEMENT STATEMENTS. NOTICE SENT BY COURT.

ORDER

ORDER STRIKING DEFENDANT P&M WINDOW COMPANY, INC.'S ANSWER

Bridge Housing Corporations and James E. Roberts-Obayashi Corporations

ANSWER TO CROSS COMPLAINT (TRANSACTION ID # 62655300) FILED BY CROSS DEFENDANT BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION

Answer to Plaintiffs Complaint

ANSWER TO COMPLAINT (TRANSACTION ID # 100051537) FILED BY DEFENDANT P&M WINDOW COMPANY, INC.

SUMMONS ISSUED

SUMMONS ISSUED TO CROSS COMPLAINANT MILGARD MANUFACTURING, INC.

Milgards Cross-Complaint

CROSS COMPLAINT (TRANSACTION ID # 100050612) FILED BY CROSS COMPLAINANT MILGARD MANUFACTURING, INC. AS TO CROSS DEFENDANT BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION ZOES 1-100, INCLUSIVE

Answer to Plaintiffs Complaint

ANSWER TO COMPLAINT (TRANSACTION ID # 100050612) FILED BY DEFENDANT MILGARD MANUFACTURING, INC.

Order Denying Complex Designation For Failure to File Application Requ

ORDER DENYING COMPLEX DESIGNATION FOR FAILURE TO FILE APPLICATION REQUESTING DESIGNATION. (MO)

12 More Documents Available

 

Docket Entries

  • 01/09/2019
  • Payment : REQ OR STIP AND ORDER W/O HEARING; Amount : $20; Payment Type : ELECTRONIC ; Receipt Number : R6119109C002

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  • 11/02/2018
  • Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $450; Payment Type : ELECTRONIC ; Receipt Number : R9218B02F017

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  • 10/17/2018
  • Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $450; Payment Type : ELECTRONIC ; Receipt Number : R4918A17F006

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  • 08/09/2018
  • Payment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $1450; Payment Type : CHECK ; Receipt Number : W1018809F005

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  • 06/12/2019
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  • NOTICE OF TIME AND PLACE OF TRIAL, COURT TRIAL SET FOR FEB-03-2020 AT 9:30 AM IN DEPT. 206. CASE MANAGEMENT CONFERENCE ON JUN-26-2019 IS OFF CALENDAR. NOTICE SENT BY COURT.

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  • 06/11/2019
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  • CASE MANAGEMENT STATEMENT (TRANSACTION ID # 63352353) FILED BY PLAINTIFF BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 15.0 DAYS

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  • 05/30/2019
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  • CASE MANAGEMENT STATEMENT (TRANSACTION ID # 63309030) FILED BY DEFENDANT MILGARD MANUFACTURING, INC. JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 15.0 DAYS

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  • 03/18/2019
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  • NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED (TRANSACTION ID # 63078740) FILED BY PLAINTIFF BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION

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  • 03/06/2019
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  • CASE MANAGEMENT CONFERENCE OF MAR-20-2019 CONTINUED TO JUN-26-2019 AT 10:30 AM IN DEPARTMENT 610 FOR THE SUBMISSION OF CASE MANAGEMENT STATEMENTS & TRIAL SETTING. NOTICE SENT BY COURT.

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  • 02/04/2019
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  • ANSWER TO COMPLAINT (TRANSACTION ID # 100061535) FILED BY DEFENDANT P&M WINDOW COMPANY, INC.

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9 More Docket Entries
  • 10/11/2018
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  • CROSS COMPLAINT (TRANSACTION ID # 100050612) FILED BY CROSS COMPLAINANT MILGARD MANUFACTURING, INC. AS TO CROSS DEFENDANT BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION ZOES 1-100, INCLUSIVE

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  • 10/11/2018
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  • ANSWER TO COMPLAINT (TRANSACTION ID # 100050612) FILED BY DEFENDANT MILGARD MANUFACTURING, INC. (Fee:$450.00)

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  • 10/10/2018
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  • ORDER DENYING COMPLEX DESIGNATION FOR FAILURE TO FILE APPLICATION REQUESTING DESIGNATION. (MO)

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  • 09/27/2018
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  • REQUEST FOR ENTRY OF DEFAULT/DEFAULT ENTERED, COURT JUDGMENT REQUESTED (TRANSACTION ID # 62496495) AS TO DEFENDANT P&M WINDOW CO., INC.

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  • 09/26/2018
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  • REQUEST FOR DEFAULT REJECTED, E-FILING REJECT, SUBMITTED BY PLAINTIFF BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION AS TO DEFENDANT P&M WINDOW CO., INC.

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  • 09/21/2018
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  • SUMMONS ON COMPLAINT (TRANSACTION ID # 62480133), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION SERVED AUG-14-2018, PERSONAL SERVICE AS TO DEFENDANT P&M WINDOW CO., INC.

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  • 09/21/2018
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  • SUMMONS ON COMPLAINT (TRANSACTION ID # 62480133), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION SERVED SEP-11-2018, PERSONAL SERVICE AS TO DEFENDANT MILGARD MANUFACTURING, INC.

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  • 08/10/2018
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  • SUMMONS ISSUED TO PLAINTIFF BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION

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  • 08/09/2018
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  • NOTICE TO PLAINTIFF

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  • 08/09/2018
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  • CONSTRUCTION, COMPLAINT FILED BY PLAINTIFF BRIDGE HOUSING CORPORATION JAMES E ROBERTS-OBAYASHI CORPORATION AS TO DEFENDANT MILGARD MANUFACTURING, INC. P&M WINDOW CO., INC. DOES 1 TO 100, INCLUSIVE NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JAN-09-2019 PROOF OF SERVICE DUE ON OCT-09-2018 CASE MANAGEMENT STATEMENT DUE ON DEC-17-2018 COMPLEX LITIGATION ASSIGNMENT REQUESTED BY FILING PARTIES; FEE INCLUDED IN FILING FEE (Fee:$1450.00)

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Tentative Rulings

Case Number:*******8770
Case Title:BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL
Court Date:DEC-03-2019 09:30 AM
Calendar Matter:MOTION FOR LEAVE TO Amend The Complaint
Rulings:Set for hearing on Tuesday, December 03, 2019, Line 7,PLAINTIFF BRIDGE HOUSING CORPORATION, JAMES E ROBERTS-OBAYASHI CORPORATION's MOTION FOR LEAVE TO Amend The Complaint.Plaintiffs Bridge Housing Corp. and James E. Roberts-Obayashi Corp.'s motion to amend the complaint is granted under CCP u00A7 473(a)(1). No costs are awarded to Milgard Manufacturing; it fails to adequately show how its costs would be impacted by the amendment. All motions for trial continuance are heard in Department 206.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. Counsel for movant is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring it to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.=(302/RBU)


Case Number:*******8770
Case Title:BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL
Court Date:JUN-22-2020 09:31 AM
Calendar Matter:Armstrong Townhomes, Llc And James E. Roberts Obayashi Corporations Notice Of Motion And Motion For Leave To File Second Amendment To Complaint To Add New Plaintiffs
Rulings:Set for hearing on Monday, June 22, 2020, Line 3,PLAINTIFF JAMES E ROBERTS-OBAYASHI CORPORATION, ARMSTRONG TOWNHOMES, LLC's Motion For Leave To File Second Amendment To Complaint To Add New Plaintiffs.Grant. No opposition filed. Counsel for plaintiffs is required to prepare a proposed order which states that the motion was not opposed and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.=(302/EPS)


Case Number:*******8770
Case Title:BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL
Court Date:SEP-16-2020 09:30 AM
Calendar Matter:DEMURRER
Rulings:Matter on calendar for Wednesday, September 16, 2020, Line 6,DEFENDANT DOE 1 BRASSCRAFT MANUFACTURING COMPANY's DEMURRERDefendant Brasscraft Manufacturing Company's demurrer to causes of action 4 and 5 for breach of express and implied warranties is sustained without leave to amend. (See Code Civ. Proc. sec. 430.10(e).)"The general rule is that privity of contract is required in an action for breach of either express or implied warranty and that there is no privity between the original seller and a subsequent purchaser who is in no way a party to the original sale." (Burr v. Sherwin Williams Co. (1954) 42 Cal.2d 682, 695; Windham at Carmel Mountain Ranch Assn. v. Superior Court (2003) 109 Cal.App.4th 1162, 1169.) While numerous exceptions apply to this general rule, plaintiff does not plead any facts showing contractual privity, status as an intended third-party beneficiary of the agreement, or a recognized exception to the privity rule. Therefore, the demurrer to causes of action 4 and 5 is sustained without leave to amend. As a result of the COVID-19 emergency, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear 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. =(302/EPS)


Case Number:*******8770
Case Title:BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL
Court Date:APR-01-2021 09:30 AM
Calendar Matter:DEMURRER to 1ST Amended COMPLAINT
Rulings:Matter on calendar for Thursday, April 1, 2021, Line 2,CROSS-DEFENDANT JOHNSON CONTROLS, INC. DEMURRER TO 1ST AMENDED COMPLAINT:Cross-defendant Johnson Controls, Inc.'s demurrer to Plaintiffs' second amendment to first amended complaint is sustained without leave to amend as to the fourth and fifth causes of action for breach of express and implied warranties. "The general rule is that privity of contract is required in an action for breach of either express or implied warranty and that there is no privity between the original seller and a subsequent purchaser who is in no way a party to the original sale." (Burr v. Sherwin Williams Co. (1954) 42 Cal.2d 6892, 695; Windham at Carmel Mountain Ranch Assn. v. Superior Court (2003) 109 Cal.App.4th 1162, 1169.) While numerous exceptions apply to this general rule, Plaintiffs do not plead any facts showing contractual privity, status as an intended third-party beneficiary of the agreement, or a recognized exception to the privity rule. Plaintiffs make no argument in response. Plaintiffs' request in their opposition brief for leave to amend to name Tyco Fire Protection is improper. Plaintiffs must file a separate motion for leave to amend.As a result of the COVID-19 emergency, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear 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 Johnson Controls 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.=(302/EPS)


Case Number:*******8770
Case Title:BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL
Court Date:JUL-13-2021 09:30 AM
Calendar Matter:Notice Of Motion And Motion For Determination Of Good Faith Settlement
Rulings:Set for hearing on Tuesday, July 13, 2021, Line 2,DEFENDANT MILGARD MANUFACTURING, INC.'s Motion For Determination Of Good Faith Settlement.Defendant Milgard Manufacturing, Inc.'s motion for determination of good faith settlement with non-party Claimant Armstrong Place Townhomes Association and co-defendant P&M Window Co., Inc. is granted. The Court's complete tentative ruling is emailed to the parties. Effective Monday, June 28, 2021, for the 9:30 a.m. Law & Motion calendar, attorneys and parties may appear either in person in Department 302 or remotely 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 Milgard 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.=(302/EPS)


Case Number:*******8770
Case Title:BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL
Court Date:AUG-02-2021 09:30 AM
Calendar Matter:MOTION FOR JUDGMENT ON THE PLEADINGS
Rulings:Matter on calendar for Monday, August 2, 2021, Line 3DEFENDANT MILGARD MANUFACTURING, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS.Defendant Milgard Manufacturing, Inc.'s motion for judgment on the pleadings is granted without leave to amend as to the fourth cause of action for breach of express warranty and the fifth cause of action for breach of implied warranty. The motion is moot as to the sixth cause of action for declaratory relief, which Plaintiff has dismissed.The elements of breach of an express warranty are: " (1) an express warranty to repair defects given in connection with the sale of goods; (2) the existence of a defect covered by the warranty; (3) the buyer's notice to the seller of such a defect within a reasonable time after its discovery; (4) the seller's failure to repair the defect in compliance with the warranty; and (5) resulting damages." (Orichian v. BMW of North America, LLC (2014) 226 Cal.App.4th 1322, 1333-34.) But before analyzing whether the elements of the claim are properly pled, privity of contract must be established as the preliminary prerequisite. (Windham at Carmel Mountain Ranch Assn. v. Superior Court (2003) 109 Cal.App.4th 1162, 1177.)"The general rule is that privity of contract is required in an action for breach of either express or implied warranty and that there is no privity between the original seller and a subsequent purchaser who is in no way a party to the original sale." (Burr v. Sherwin Williams Co. (1954) 42 Cal.2d 682, 695.) While there are exceptions to this rule, none applies here. (Id. at 695-96.) It is clear on the face of the First Amended Complaint that there is no privity between the parties, as Plaintiff alleges that the windows were sold or distributed to it by another party, P&M Window Co. (See First Amend. Compl., at pars. 2, 14.) Plaintiff does not allege that it entered into a contract with Defendant. Because Plaintiff does not show any reasonable likelihood that it can overcome the defect, the motion is granted without leave to amend.Effective Monday, June 28, 2021, for the 9:30 a.m. Law & Motion calendar, attorneys and parties may appear either in person in Department 302 or remotely 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 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. = (302/EPS)


Case Number:*******8770
Case Title:BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL
Court Date:AUG-12-2021 09:30 AM
Calendar Matter:MOTION FOR JUDGMENT ON THE PLEADINGS
Rulings:Matter on calendar for Thursday, August 12, 2021, Line 4DEFENDANT VICTAULIC COMPANY'S MOTION FOR JUDGMENT ON THE PLEADINGS.Off calendar. Request for dismissal of fourth and fifth causes of action against Defendant Victaulic Company filed 8/11/12. = (302/EPS)


Case Number:*******8770
Case Title:BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL
Court Date:AUG-18-2021 09:30 AM
Calendar Matter:Notice Of Motion And Motion For Reconsideration Of Order Granting Milgard Manufacturing, Inc.S Motion For Determination Of Good Faith Settlement Pursuant To C.C.P 877.6
Rulings:Matter on calendar for Wednesday, August 18, 2021, Line 9PLAINTIFFS BRIDGE HOUSING CORPORATION, JAMES E ROBERTS-OBAYASHI CORPORATION and ARMSTRONG TOWNHOMES, LLC'S Motion For Reconsideration Of Order Granting Milgard Manufacturing, Inc.S Motion For Determination Of Good Faith Settlement Pursuant To C.C.P 877.6.Plaintiffs' motion for reconsideration of the Court's July 14, 2021 ortder granting Milgard Manufacturing, Inc.'s motion for determination of good faith settlement pursuant to Code of Civil Procedure section 877.6 is denied.. Plaintiffs have failed to demonstrate diligence and provide a satisfactory explanation for failing to offer the purported new evidence at the original hearing. (In re Marriage of Herr (2009) 174 Cal.App.4th 1463, 1468; see also New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212; Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689-691.) As Milgard points out, Plaintiffs could have simply picked up the telephone and called the mediator before the prior hearing. Further, Milgard shows that Plaintiffs' portrayal of the facts is seriously deficient and incomplete. In any event, whether or not the settlement was reached with the assistance of an experienced mediator, there is no evidence of collusion, and Plaintiffs, who failed to submit any evidence in opposition to the original motion, do not meet their burden to show lack of good faith. (Code Civ. Proc. Sec. 877.6(d). Milgard's request for sanctions is denied, because it did not file a separate motion for sanctions and did not comply with the 21-day safe harbor provision of Code of Civil Procedure section 128.5(f)(1)(B). (See CPF Vaseo Associates, LLC v. Gray (2018) 29 Cal.App.5th 997, 1002-1005 [explaining that section 128.5 was amended in 2017 to incorporate the safe harbor provisions of section 128.7]; In re Marriage of Sahafzadeh-Taeb & Taeb (2019) 39 Cal.App.5th 124, 128, 134 & fn. 2 [same].) Effective Monday, June 28, 2021, for the 9:30 a.m. Law & Motion calendar, attorneys and parties may appear either in person in Department 302 or remotely 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 Milgard 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. = (302/EPS)


Case Number:*******8770
Case Title:BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL
Court Date:OCT-27-2021 09:30 AM
Calendar Matter:MOTION TO STRIKE
Rulings:Matter on calendar for Wednesday, October 27, 2021, Line 1PLAINTIFFS BRIDGE HOUSING CORPORATION, JAMES E ROBERTS-OBAYASHI CORPORATION and ARMSTRONG TOWNHOMES, LLC'S MOTION TO STRIKE.Off calendar. Motion withdrawn on October 13, 2021. = (302/EPS)


Case Number:*******8770
Case Title:BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL
Court Date:OCT-28-2021 09:30 AM
Calendar Matter:MOTION FOR SUMMARY JUDGMENT
Rulings:Matter on calendar for Thursday, October 28, 2021, Line 3 1. DEFENDANT VICTAULIC COMPANY'S MOTION FOR SUMMARY JUDGMENT.Continued to November 5, 2021 to be heard by Judge Ulmer due to the CCP 170.6 challenge. = (302/EPS)


Case Number:*******8770
Case Title:BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL
Court Date:NOV-12-2021 09:30 AM
Calendar Matter:Notice Of Motion And Motion For Determination Of Good Faith Settlement; **Court Reporter Fees Paid**
Rulings:Matter on calendar for Friday, November 12, 2021, Line 15DEFENDANT DOE 1 BRASSCRAFT MANUFACTURING COMPANY'S Motion For Determination Of Good Faith Settlement.Hearing required.Effective Monday, June 28, 2021, for the 9:30 a.m. Law & Motion calendar, attorneys and parties may appear either in person in Department 302 or remotely 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. = (302/RBU)


Case Number:*******8770
Case Title:BRIDGE HOUSING CORPORATION ET AL VS. MILGARD MANUFACTURING, INC. ET AL
Court Date:DEC-03-2021 09:30 AM
Calendar Matter:Notice Of Motion And Motion For Good Faith Settlement
Rulings:Matter on calendar for Friday, December 3, 2021 Line 1, 2 - DEFENDANT VICTAULIC COMPANY'S Motion For Good Faith Settlement **Court Reporter Fees Paid**Victaulic Co. and Johnson Control, Inc.'s unopposed motion for determination of good faith settlements is granted.Counsel for the prevailing party is required to prepare a proposed order which states that the motion was not opposed and must email it to contestdept302tr@sftc.org prior to the hearing. =(302/RBU)


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