JAY ZALOWITZ VS. DAVID SMOOKE ET AL

Matter on calendar for Monday, August 17, 2026, Line 3, DEFENDANT CROWELL & MORING LLP's MOTION FOR SUMMARY JUDGMENT. (Complete tentative ruling emailed to the parties).

1 - Judge Harold Kahn, who is hearing all cases on calendar in department 302 on August 17, 2026, discloses that his brother Michael Kahn was senior counsel and/or a partner at Crowell & Moring from approximately 2009 through 2022 and that he has met J. Daniel Sharp on several occasions but does not now and has never had any social or business relationship with Mr. Sharp. Judge Kahn believes that he is and will be fair and impartial to both sides in this case and on this motion.

Defendant Crowell & Moring LLP's motion for summary judgment is granted. Crowell has shown that it is entitled to judgment in its favor on the sole remaining claim against it, the twenty-sixth cause of action for aiding and abetting breach of fiduciary duty in the fourth amended complaint, and plaintiff Jay Zalowitz has not presented sufficient evidence creating a triable dispute on that claim.

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). | |