This case was last updated from San Francisco County Superior Courts on 10/31/2017 at 12:20:07 (UTC).

FREZGI GEBREZGIABHER VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

Case Summary

On 05/15/2017 FREZGI GEBREZGIABHER filed a Personal Injury - Other Personal Injury lawsuit against CITY AND COUNTY OF SAN FRANCISCO. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The Judge overseeing this case is TERI L. JACKSON. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8902

  • Filing Date:

    05/15/2017

  • Case Status:

    Not Classified By Court

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    San Francisco, California

Judge Details

Judge

TERI L. JACKSON

 

Party Details

Plaintiff

GEBREZGIABHER, FREZGI , AN INDIVIDUAL

Defendants and Cross Plaintiffs

LUXOR CABS INCORPORATED , A CORPORATION

LUXOR CABS INCORPORATED

LUXOR EXECUTIVE CAR SERVICE

DOES 1 THROUGH 50, INCLUSIVE

LUXOR EXECUTIVE CAR SERVICE, LLC , A LIMITED LIABILITY COMPANY

CITY AND COUNTY OF SAN FRANCISCO , A GOVERNMENTAL ENTITY

NGUYEN, DANNY , AN INDIVIDUAL

NGUYEN, DANNY

CITY AND COUNTY OF SAN FRANCISCO

Cross Defendant

ROES 1 THROUGH 25, INCLUSIVE

Attorney/Law Firm Details

Plaintiff Attorney

BURNSIDE, HOWARD STEVEN

Attorney at H. STEVEN BURNSIDE

2211 Park Boulevard, P.O. Box 60429

Palo Alto, CA 94306

Defendant and Cross Plaintiff Attorneys

O'BRIEN, PATRICK K

Attorney at O'BRIEN & ASSOCIATES

755 Baywood Drive, Suite 185

Petaluma, CA 94954

ASIANO, ANN MARILYNNE

Attorney at CLARK HILL LLP

One Embarcadero Center, Suite 400

San Francisco, CA 94111

 

Court Documents

COMPLAINT

PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, COMPLAINT FILED BY PLAINTIFF GEBREZGIABHER, FREZGI , AN INDIVIDUAL AS TO DEFENDANT CITY AND COUNTY OF SAN FRANCISCO , A GOVERNMENTAL ENTITY LUXOR CABS INCORPORATED , A CORPORATION LUXOR EXECUTIVE CAR SERVICE, LLC , A LIMITED LIABILITY COMPANY NGUYEN, DANNY , AN INDIVIDUAL DOES 1 THROUGH 50, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCT-18-2017 PROOF OF SERVICE DUE ON JUL-14-2017 CASE MANAGEMENT STATEMENT DUE ON SEP-25-2017

Notice to Plaintiff

NOTICE TO PLAINTIFF

Defendant City and County of San Francisco Answer to Plaintiff Complai

ANSWER TO COMPLAINT (TRANSACTION ID # 60930707) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO

DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT

ANSWER TO COMPLAINT (TRANSACTION ID # 61157536) FILED BY DEFENDANT LUXOR CABS INCORPORATED LUXOR EXECUTIVE CAR SERVICE NGUYEN, DANNY

CROSS COMPLAINT OF LUXOR CABS INCORPORATED, LUXOR EXECUTIVE CAR SERVIC

CROSS COMPLAINT (TRANSACTION ID # 61157536) FILED BY CROSS COMPLAINANT LUXOR CABS INCORPORATED LUXOR EXECUTIVE CAR SERVICE NGUYEN, DANNY AS TO CROSS DEFENDANT ROES 1 THROUGH 25, INCLUSIVE

SUMMONS ISSUED

SUMMONS ISSUED TO CROSS COMPLAINANT LUXOR CABS INCORPORATED LUXOR EXECUTIVE CAR SERVICE NGUYEN, DANNY

Case Management Statement

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 17274019) FILED BY PLAINTIFF GEBREZGIABHER, FREZGI , AN INDIVIDUAL JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 3.0 DAYS

Defendant City and County of San Francisco Case Management Conference

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 61188456) (TRANSACTION ID # 61188456) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 3.0 DAYS

Case Management Statement

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 61195022) FILED BY CROSS COMPLAINANT LUXOR CABS INCORPORATED LUXOR EXECUTIVE CAR SERVICE NGUYEN, DANNY JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 2.0 DAYS

Notice of Time and Place of Trial

NOTICE OF TIME AND PLACE OF TRIAL, COURT TRIAL SET FOR JUL-02-2018 AT 9:30 AM IN DEPT. 206. CASE MANAGEMENT CONFERENCE ON OCT-18-2017 IS OFF CALENDAR. NOTICE SENT BY COURT.

Defendants Objection to Case Management Order

OBJECTION TO CASE MANAGEMENT ORDER (TRANSACTION ID # 61253583) FILED BY DEFENDANT NGUYEN, DANNY , AN INDIVIDUAL LUXOR CABS INCORPORATED LUXOR EXECUTIVE CAR SERVICE

 

Docket Entries

  • 10/16/2017
  • Payment : JURY FEES; Amount : $150; Payment Type : ELECTRONIC; Receipt Number : R6017A16J004

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  • 09/25/2017
  • Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $1350; Payment Type : ELECTRONIC; Receipt Number : R7817925F011

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  • 08/02/2017
  • Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Payment Type : EXEMPT; Receipt Number : B5217802F018

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  • 08/02/2017
  • Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $450; Payment Type : ELECTRONIC; Receipt Number : B5217802F017

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  • 05/15/2017
  • Payment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $450; Payment Type : CREDIT CARD; Receipt Number : W1517515F002

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  • 10/17/2017
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  • OBJECTION TO CASE MANAGEMENT ORDER (TRANSACTION ID # 61253583) FILED BY DEFENDANT NGUYEN, DANNY , AN INDIVIDUAL LUXOR CABS INCORPORATED LUXOR EXECUTIVE CAR SERVICE

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  • 10/16/2017
  • JURY FEES (TRANSACTION ID # 100030035) DEPOSITED BY PLAINTIFF GEBREZGIABHER, FREZGI , AN INDIVIDUAL (Fee:$150.00)

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  • 10/04/2017
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  • NOTICE OF TIME AND PLACE OF TRIAL, COURT TRIAL SET FOR JUL-02-2018 AT 9:30 AM IN DEPT. 206. CASE MANAGEMENT CONFERENCE ON OCT-18-2017 IS OFF CALENDAR. NOTICE SENT BY COURT.

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  • 10/03/2017
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  • CASE MANAGEMENT STATEMENT (TRANSACTION ID # 61195022) FILED BY CROSS COMPLAINANT LUXOR CABS INCORPORATED LUXOR EXECUTIVE CAR SERVICE NGUYEN, DANNY JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 2.0 DAYS

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  • 10/02/2017
  • View Court Documents
  • CASE MANAGEMENT STATEMENT (TRANSACTION ID # 61188456) (TRANSACTION ID # 61188456) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 3.0 DAYS

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  • 10/02/2017
  • View Court Documents
  • CASE MANAGEMENT STATEMENT (TRANSACTION ID # 17274019) FILED BY PLAINTIFF GEBREZGIABHER, FREZGI , AN INDIVIDUAL JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 3.0 DAYS

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  • 09/26/2017
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  • SUMMONS ISSUED TO CROSS COMPLAINANT LUXOR CABS INCORPORATED LUXOR EXECUTIVE CAR SERVICE NGUYEN, DANNY

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  • 09/25/2017
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  • CROSS COMPLAINT (TRANSACTION ID # 61157536) FILED BY CROSS COMPLAINANT LUXOR CABS INCORPORATED LUXOR EXECUTIVE CAR SERVICE NGUYEN, DANNY AS TO CROSS DEFENDANT ROES 1 THROUGH 25, INCLUSIVE

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  • 09/25/2017
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  • ANSWER TO COMPLAINT (TRANSACTION ID # 61157536) FILED BY DEFENDANT LUXOR CABS INCORPORATED LUXOR EXECUTIVE CAR SERVICE NGUYEN, DANNY (Fee:$1350.00)

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  • 08/02/2017
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  • ANSWER TO COMPLAINT (TRANSACTION ID # 60930707) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO (Fee:$EXEMPT)

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  • 05/15/2017
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  • NOTICE TO PLAINTIFF

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  • 05/15/2017
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  • PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, COMPLAINT FILED BY PLAINTIFF GEBREZGIABHER, FREZGI , AN INDIVIDUAL AS TO DEFENDANT CITY AND COUNTY OF SAN FRANCISCO , A GOVERNMENTAL ENTITY LUXOR CABS INCORPORATED , A CORPORATION LUXOR EXECUTIVE CAR SERVICE, LLC , A LIMITED LIABILITY COMPANY NGUYEN, DANNY , AN INDIVIDUAL DOES 1 THROUGH 50, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCT-18-2017 PROOF OF SERVICE DUE ON JUL-14-2017 CASE MANAGEMENT STATEMENT DUE ON SEP-25-2017 (Fee:$450.00)

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Tentative Rulings

Case Number:*******8902
Case Title:FREZGI GEBREZGIABHER VS. CITY AND COUNTY OF SAN FRANCISCO ET AL
Court Date:OCT-12-2018 09:30 AM
Calendar Matter:Defendant City And County Of San Francisco'S Motion For Summary Judgment
Rulings:Set for hearing on Friday, October 12, 2018 Line 9, Defendant City And County Of San Francisco'S Motion For Summary JudgmentDefendant City and County of San Francisco's ("CCSF") motion for summary judgment is GRANTED. There is no triable issue of material fact that a dangerous condition of public property caused plaintiff's injury as a matter of law. Plaintiff must demonstrate the following to maintain his cause of action for dangerous condition of public property: (1) that CCSF owned or maintained the property; (2) that the property was in a dangerous condition on the date of accident; (3) causation; (4) the dangerous condition created a reasonably foreseeable risk of the kind of injury incurred; and (5) either CCSF or its employee caused the condition or CCSF had actual or constructive notice of the dangerous condition a sufficient time prior to the time of the accident. (See Gov't Code u00A7u00A7 830 & 835.)In this case, plaintiff cannot prove the existence of a dangerous condition of public property. Under Gov't Code u00A7 830(a), a dangerous condition is "a condition or property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used." Gov't Code u00A7 830.2 explains that: "A condition is not a dangerous condition within the meaning of this chapter if the trial or appellate court, viewing the evidence most favorably to the plaintiff, determines as a matter of law that the risk created by the condition was of such a minor, trivial or insignificant nature in view of the surrounding circumstances that no reasonable person would conclude that the condition created a substantial risk of injury when such property...was used with due care in a manner in which it was reasonably foreseeable that it would be used."The undisputed evidence shows that there was no dangerous condition of public property and either plaintiff's or Mr. Nguyen's negligence-or a combination of both-caused the accident as a matter of law. The dashcam video and still photographs that are attached to the declaration of Mr. Rosenblatt and authenticated by Mr. Nguyen demonstrate that no reasonable trier of fact could conclude otherwise. 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 CCSF 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:*******8902
Case Title:FREZGI GEBREZGIABHER VS. CITY AND COUNTY OF SAN FRANCISCO ET AL
Court Date:SEP-28-2018 09:30 AM
Calendar Matter:MOTION FOR SUMMARY JUDGMENT
Rulings:Set for hearing on Friday, September 28, 2018, Line 6, DEFENDANT CITY AND COUNTY OF SAN FRANCISCO's MOTION FOR SUMMARY JUDGMENTCONTINUED to October 12, 2018. The court exercises its discretion per San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, and admits Nguyen's reply declaration. That declaration authenticates the video and still photographs of the accident and the court also admits that evidence. To comply with due process, plaintiff may file a supplemental opposition and opposing separate statement by October 9, 2018. Reply to be filed by October 10, 2018. 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. =302/rbu


Case Number:*******8902
Case Title:FREZGI GEBREZGIABHER VS. CITY AND COUNTY OF SAN FRANCISCO ET AL
Court Date:SEP-25-2018 09:30 AM
Calendar Matter:Defendants' Notice Of Motion And Motion To Compel Plaintiff'S Deposition
Rulings:Set for hearing on Tuesday, September 25, 2018, Line 13, DEFENDANTs LUXOR CABS INCORPORATED, LUXOR EXECUTIVE CAR SERVICE and DANNY NGUYEN's Motion To Compel Plaintiff'S DepositionDefendants Luxor Cabs Incorporated, Luxor Executive Car Service, and Danny Nguyen's motion to compel the deposition of plaintiff Frezgi Gebrezgiabher and for monetary sanctions is granted. Mr. Gebrezgiabher must appear for deposition at the office of defendants' counsel on a mutually agreeable date no later than October 1, 2018 and Mr. Gebrezgiabher and his counsel must pay monetary sanctions in the amount of $5,175 to defendants no later than October 25, 2018. The court adopts in full the recommendations and reasons for those recommendations in the report of Judge Pro Tem Conor Moore. Mr. Gebrezgiabher's failure to attend his previously noticed depositions and his contention that the parties did not agree to continue the discovery cutoff date per CCP 2024.060 lack substantial justification. Neither Carpenter v. Superior Court (2006) 141 Cal. App. 4th 249 nor Anderson v. State Personnel Board (1980) 103 Cal. App. 3d 242 have any bearing on section 2024.060 issue. The language used by the parties in their agreement to continue the discovery cutoff date conforms to the language widely used by attorneys throughout the Bay Area and is sufficiently definite to meet the requirements of section 2024.060. There is no reasonable argument that at any time Mr. Mr. Gebrezgiabher was unaware of the date the parties agreed to as the new discovery cutoff date. Because of the patent lack of substantial justification for Mr. Gebrezgiabher's contentions, there is no basis to stay the effect of this ruling pending review of a writ filed by him. 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 defendants is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and attaches the report of Judge Pro Tem Conor Moore 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/hk


Case Number:*******8902
Case Title:FREZGI GEBREZGIABHER VS. CITY AND COUNTY OF SAN FRANCISCO ET AL
Court Date:SEP-07-2018 09:00 AM
Calendar Matter:Defendants' Notice Of Motion And Motion To Compel Plaintiff'S Deposition
Rulings:Matter on calendar for Friday, September 7, 2018, Line 2, DEFENDANTS LUXOR CABS INCORPORATED, LUXOR EXECUTIVE CAR SERVICE, DANNY NGUYEN'S Motion To Compel Plaintiff'S Deposition. Pro Tem Judge Conor Moore, 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 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 parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling: Defendants' Motion to Compel Plaintiff's Deposition is granted. Plaintiff's objections to the deposition notice on the grounds that discovery has closed are overruled and without merit. Plaintiff shall appear at his deposition at Defendants' offices, unless the parties stipulate in writing to another location. Plaintiff's deposition shall occur on September 17, 2018, unless the parties stipulate in writing to another date. Defendants shall provide and pay for a translator to assist Plaintiff in his deposition. Plaintiff and his counsel of record are sanctioned for misuse of the discover process. Plaintiff has not acted in good faith. Plaintiff agreed to continue discovery, then argued after the original discovery cut-off that discovery had closed. Plaintiff has agreed to set deposition dates, only to not produce Plaintiff for deposition. Plaintiff and his counsel are jointly and severally sanctioned in the amount of $5,175, payable to Defendants no later than October 8, 2018. Any party who contests a tentative ruling must send an email to sfjudgeprotem@gmail.com 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. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/JPT)


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