KELLY DALE ET AL VS. SEGWAY, INC. ET AL

Matter on the Law & Motion / Discovery calendar for Wednesday, July 16, 2025, Line 2. 2 - DEFENDANT SEGWAY, INC.'s Motion Requiring Non-Resident Plaintiffs To File An Undertaking To Secure An Award Of Fees And Costs.

Defendant Segway Inc.'s motion to require plaintiffs to post an undertaking is denied. CCP 1030 allows a defendant to move for an order requiring plaintiff to file an undertaking where: (1) plaintiffs are out-of-state residents; and (2) there is a "reasonable possibility" that defendant will obtain judgment in its favor in the action.

Defendant fails to carry its evidentiary burden. This motion is based solely on the Washburn declaration, which sheds no light on the merits of plaintiff's case, and defendant's procedurally deficient attempt to incorporate its summary judgment filings and the summary judgment filings of a co-defendant. As explained in the ruling on San Francisco Electric Tour Company Inc.'s motion for summary judgment, the doctrine of primary assumption of the risk does not apply to this case. Defendant also does not cogently explain how it can take advantage of the release that plaintiffs signed with co-defendant San Francisco Electric Tour Company Inc. In any event, an agreement relieving a product supplier from strict products liability is void. (Westlye v. Look Sports, Inc. (1993) 17 Cal.App.4th 1715, 1743.)

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) 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 contestdept301tr@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 contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.