YAEL MAGUIRE ET AL VS. EASTWOOD DEVELOPMENT INC. ET AL

Set for Law and Motion/Discovery Calendar on Friday, July 17, 2026, Line 4.

Cross-defendant WWS Acquisition, LLC's motion for summary adjudication as to the sixth and seventh causes of action for breach of implied and express warranties in the cross-complaint filed by cross-complainant Eastwood Development, Inc. is denied as to both causes of action. WWS seeks summary adjudication on the sole ground that both warranty claims are time-barred per Commercial Code 2725. Paragraphs 57 and 64 of the cross-complaint allege that the relief sought for the warranty claims is indemnification for any sums for which it pays by settlement or judgment.

Carrier Corp. v. Detrex Corp. (1992) 4 Cal. App. 4th 1522, 1529, which remains good law, holds "in a case involving indemnification for damages under express or implied warranty ... the traditional time limitations for commencement of actions will prevail over" Commercial Code 2725. Because there are no facts presented by WWS as to when the limitations period for indemnification based on the warranties commenced, even assuming that it has commenced, this motion must be denied in full.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) 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/HEK) | |