Motion To Enter Judgment
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC23609388 - September 10, 2025 Hearing date: September 10, 2025 Case number: CGC23609388 Case title: BOUTIQUE AIR, INC, A CALIFORNIA CORPOATION VS. AIN MEDIA GROUP, INC. A COLORADO CORPORATION ET AL Case Number: | | CGC23609388 | Case Title: | | BOUTIQUE AIR, INC, A CALIFORNIA CORPOATION VS. AIN MEDIA GROUP, INC. A COLORADO CORPORATION ET AL | Court Date: | | 2025-09-10 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Enter Judgment | Rulings: | | On the Law & Motion/Discovery calendar for September 10, 2025, line 3. DEFENDANT AIN MEDIA GROUP, INC.'S Motion To Enter Judgment.
Defendant AIN Media's motion to enter judgment is denied. Under California Code of Civil Procedure section 916(a), "the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby." The trial court's power to enforce, vacate, or modify an appealed order is suspended while the appeal is pending. (Elsea v. Saberi (1992) 4 Cal.App.4th 625, 629; see also Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180.) An appeal of an order granting or denying an anti-SLAPP motion to strike "automatically stays all further trial court proceedings on the merits upon the causes of action affected by the motion." (Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637, 645.)
Here, Plaintiff appealed the court's order granting Defendant AIN Media's special motion to strike under the anti-SLAPP statute, such order being immediately appealable. No judgment on the claims on the claims against Defendant AIN Media had yet been entered at the time Plaintiff appealed. Entry of judgment in favor of AIN Media now would be inconsistent with 916(a). Plaintiff's appeal affected a stay on further proceedings on the merits of its claims against Defendant AIN Media. Unlike a truly collateral issue, such as attorney's fees, entry of judgment would affect those claims by marking a final disposition and triggering other procedures and deadlines on the claims. Therefore, Defendant AIN Media's motion is denied.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
The court notes the requested relief is contrary to the one-judgment rule, as well. The court, however, does not reach this issue, given its determination regarding the stay.
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/JMQ) | |