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2024.05.30 Motion for Entry of Judgment for Possession Pursuant to Stipulation 163
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.30
Excerpt: ...ng. Before the court is plaintiff Moonridge Associate's motion for entry of judgment based on the terms of an agreement with defendants pursuant to Code of Civil Procedure section 128, subdivision (a)(4). The court has jurisdiction to determine the terms of the agreemen t pursuant to Code of Civil Procedure section 664.6. On or about March 14, 2023, plaintiff and defendants Silvia Chavarin, et al. stipulated to and signed an agreement (hereinafte...
2024.05.23 Motion to Quash Subpoena, for Protective Order 886
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.23
Excerpt: ...endant Bai's creditors, including Plaintiff. According to the Complaint, Defendant Lihui Bai fraudulently transferred her interest in real property located in Atherton, California (“the subject property”) to her son, Defendant Yihua Zhu, in order to avoid paying on a judgment entered against her and in favor of Plaintiff in a prior civil action brought by Plaintiff in the People's Republic of China (“PRC”). Defendant Yinhua Zhu now moves ...
2024.05.23 Motion for Summary Judgment 486
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.23
Excerpt: ...ection 437c(b)(1) provides that an MSJ “shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” Under Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, the party moving for summary judgment has the burden of production to make a prima facie showing that there is no triable issue of any material fact. The burden then shifts to the nonm...
2024.05.23 Demurrer, Motion to Strike 572
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.23
Excerpt: ...or Negligence and Fourth Cause of Action for Violation of Government Code S ection 815.6 based on failure to allege facts sufficient to support these claims. A governmental entity can only be liable in tort based on an authorizing statute; a public entity cannot be held liable for an injury under common law negligence. (Govt. Code Sect. 815, subd. (a); Stevenson v. San Francisco Housing Authority (1994) 24 Cal.App.4th 269, 279; Guzman v. County o...
2024.05.23 Demurrer 714
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.23
Excerpt: ...tion between or dinary and professional negligence “may be relevant and necessary for purposes of statutory construction and application” (Flowers, supra, at 997). The Court of Appeal for the Sixth District persuasively distinguishes the contexts of summary judgment and demurrer, opining that duplicative pleading should be dealt with at trial or upon summary judgment, rather than at the pleading stage. Blickman Turkus, LP v. MF Downtown Sunny...
2024.05.23 Motion to Set Aside and Vacate Default Judgment, Enter Different Judgment 447
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.23
Excerpt: ...ntiff Elderl y Care Alliance of San Mateo (“the Villa”). (May 10, 2024 Declaration of Tammy Vu (“Vu Decl.”), ¶ 5.) However, the Villa received actual notice sufficient for the Villa to file a timely opposition addressing the merits of the motion. No prejudice appearing therefrom, the Court has considered the motion on its merits. A. Relief from Judgment Pursuant to Code of Civil Procedure § 473, subd. (b) A party may move for relief fr...
2024.05.02 Motion for Summary Adjudication 800
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.02
Excerpt: ...tice (RJN) is GRA NTED. (Evid. Code Sect. 452(b) [regulations & legislative enactments]; 452(c) [official acts of legislative, executive, or judicial departments of federal or state government]; 452(d) [court records].) As with all documents subject to judicial notice, the Court takes judicial notice of their contents and filing dates, but not the truth of statements or allegations therein. Plaintiff's 4 -18 -24 RJN is GRANTED. (Evid. Code Sect....
2024.05.02 Demurrer to Complaint 311
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.02
Excerpt: ...nt San Bruno Park School District's Demurrer to Complaint (the “Davis Declaration”). The Davis Declaration was not filed “with the Demurrer” on March 13, 2024, as required by section 430.41(a)(3), though its exhibit meet -and -confer letter was. The Davis Declaration was filed the following day. b. Legal Standards for Demurrer California Code of Civil Procedure section 430.30 provides that an objection to a complaint may be made via dem...
2024.05.02 Demurrer 660
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.02
Excerpt: ...T, CORP. TEN TATIVE RULING: Defendants' Demurrer to Plaintiff's Complaint is OVERRULED. Defendants' Request for Judicial Notice is GRANTED, but only as to the existence of the documents and not to any particular construction of its terms or the truth of any matter the rein. (See MiddlebrookAnderson Co. v. Southwest Sav. & Loan Assn. (1971) 18 Cal.App.3d 1023, 1038.) Plaintiff's Request for Judicial Notice is GRANTED, but only as to the existence ...
2024.04.25 Motion for Reconsideration, for Determination of Evidentiary and Legal Issues 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.25
Excerpt: ...anctions (“Supplemental Sanctions Order”) and the [Supplemental] Order Granting City of Half Moon Bay's Motion to Quash the Deposition Notice and Subpoena of Deborah Q. Ruddock and for a Protective Order (“Supplemental Order re Motion to Quash”; together, “Proposed Orders ”). A. Reconsidering the Supplemental Order Granting City of Half Moon Bay's Motion to Compel Further Discovery Responses and For Sanctions The order entered by this...
2024.04.25 Motion for Judgment Notwithstanding Verdict 700
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.25
Excerpt: ...hen no substantial e vidence and no reasonable inference therefrom support the jury's verdict. Hauter v. Zogarts (1975) 14 Cal.3d 104, 110. If the evidence viewed in the light most favorable to the party securing the verdict cannot support that verdict, then may a JNOV motion be granted. Ibid. In ruling on a JNOV motion, a court cannot weigh the evidence or judge the credibility of witnesses. Ibid. (citing Quintal v. Laurel Grove Hosp. (1964) 62 ...
2024.04.25 Motion for Summary Judgment, Adjudication 985
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.25
Excerpt: ...rnatively Summary Adjudication Re: the First Amended Cross -complaint and Each of Its Causes of Action is GRANTED in part and DENIED in part as set forth below. Cross -defendants Thomas Del Sarto's, Rollen Steele's, and Angela Steele's Request for Judicial Notice is GRANTED as to all items. This landlord- tenant case arises out of the lease of commercial real property located at 1129 Old County Road in San Carlos (the “Premises”) by Plaintiff...
2024.04.25 Motion for Terminating Sanctions, for Monetary Sanctions 540
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.25
Excerpt: ...ED in part. On April 6, 2023, the Court ordered Defendant Omar A. Hernandez Sr. aka Omar Hernandez Lopez aka Omar Alberto Hernandez Sr. aka Alberto Lopez aka Omar Alberto Hernandez Lopez (“Hernandez”) to serve verified and objection -free responses to CAB's document requests and to special interrogatories, no later than April 28, 2023, or fourteen (14) days after the service of CAB's Notice of Ruling. This Court also ordered Hernandez to pay...
2024.04.18 Motion to Strike 773
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.18
Excerpt: ...tled law that e ach party to a lawsuit must pay its own fees absent an applicable statute or an attorney fees provision in a valid contract. (Code Civ. Proc., § 1021; Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, [as modified Feb. 15, 2008]; see also Royst er Construction Co. v. Urban West Communities (1995) 40 Cal.App.4th 1158, 1170 [“A contract which provides for the payment of ‘costs' alone does not usually include attorn...
2024.04.18 Motion to Compel Discovery Responses, for Sanctions 151
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.18
Excerpt: ...April 25, 202 4. Sanctions as imposed below shall be paid no later than May 2, 2024. Plaintiff Jane Doe moves here to compel further responses and compel production with respect to three requests for production of documents nos. 10 and 13 –14 propounded to Defendant Gold en Gate Bell, LLC (“GGB”). Each seeks documents relating to the respective personnel files and background checks of three employees of GGB, who purportedly sexually harass...
2024.04.18 Motion to Compel Arbitration and Stay Action 444
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.18
Excerpt: ... a staffing agency wh ich placed her for a work assignment with its client, Alcon. Defendants now jointly move to compel arbitration of Plaintiff's claims. For the reasons set forth below, the motion is DENIED. As a preliminary matter, the Court SUSTAINS the evidentiary objecti ons raised by Plaintiff as to Mr. Gohil's declaration, and OVERRULES the evidentiary objections raised by Defendants as to Plaintiff's declaration. California law, like fe...
2024.04.11 Motion to Tax Costs 806
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.11
Excerpt: ...re not recovera ble as of right or otherwise barred by statute. Id. at § 1033.5(c)(4). An award of costs is subject to the court's determination that those costs: (1) are reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its purpose; and (2) that the costs are reasonable in amount. Id. at § 1033.5(c)(2) –(3). To claim costs, the prevailing party must serve and file a memorandum of costs wit...
2024.04.11 Motion to Set Aside Notice of Settlement and Restore Case to Active Calendar 191
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.11
Excerpt: ...hether the se rvice provided to Defendant Caixing Xie is sufficient. Prior filings with this court show that Xie is likely incarcerated in China. Notice of Dismissal of Involuntary Bankruptcy Petition, filed Mar. 29, 2024, Ex. A, at 1 –2. However, Plaintiffs have only pr ovided notice to Xie's United States -based counsel. The due process clause of the Fourteenth Amendment of the United States Constitution requires that if a person is entitle...
2024.04.11 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 764
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.11
Excerpt: ...ests for Admi ssions, Set One, to be deemed admitted. Defendants also request monetary sanctions. The motion to compel and for sanctions is GRANTED in its entirety, as set forth in further detail below. Interrogatories Defendants seek to compel responses, not compel f urther responses, as they contend that no response to their interrogatories was ever received. (Declaration of William H. Coke (“Coke Decl.”) in support of Motion.) Therefore, t...
2024.04.11 Motion for Summary Judgment 149
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.11
Excerpt: ...an action or proce eding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code of Civ. Proc., § 437c, subd. (a)(1).) Summary judgment will only be granted “if all the papers submitted show that there is no triable iss ue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Id., at subd. (c).) A defendant moving for summary judgment has an...
2024.04.11 Motion for Sanctions 436
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.11
Excerpt: ... admissions (“RFAs”) were denied without objection or explanation from Plaintiffs Robert Michael and Ellen Williams (“the Williamses”). Having successfully defended himself from all twelve causes of action in the Williamses' suit, he claims that he is entitled to cost of proof sanctions. If a party is requested to admit the truth of any matter and fails to do so, and the propounding party subsequently proves the truth of that matter, the ...
2024.04.11 Demurrer 158
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.11
Excerpt: ...action pending between the same parties due to the wrongful foreclosure of the property. Defendant claims that a wrongful foreclosure action (“foreclosure action”) was filed on August 22, 2023. (See Steven Yu v. FCI Lender Services, Inc. (Super. Ct. San Mateo County No. 23C IV03933).) Defendant has not requested judicial notice of the operative pleading in the foreclosure action to support this argument though. A demurrer may be used to chal...
2024.04.04 Motion to Stay Proceedings 126
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.04
Excerpt: ...g Plaintiff's time as a student at a high school run by the District, he was sexually assaulted by Perpetrator after being sent to be evaluated by Perpetrator, a psychiatrist, as part of a special education program. Plaintiff's claim against the District is brought under Govt. Code § 81 5.2, alleging negligent supervision and protection of a minor student. The District demurred to the FAC on the basis that Assembly Bill (“AB”) 218, which mod...
2024.04.04 Motion to Compel Compliance with Subpoena for Production of Business Records 446
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.04
Excerpt: ...ileged documen ts no later than April 18, 2024 or a date agreed upon in writing by Oracle Corp. and Oracle America, Inc. and Plaintiff David Weiner. On December 1, 2023, Weiner served on non- parties Oracle Corp. and Oracle America, Inc. (collectively, “Oracle”) Oracle a subpoena for production of business records issued on November 30, 2023. Neither Weiner nor Oracle raises a relevant distinction between Oracle Corp. and Oracle America, Inc....
2024.04.04 Motion for Determination of Evidentiary and Legal Issues, to Resolve Disputed Evidentiary and Legal Issues 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.04
Excerpt: ...�Motion Number One for Determination of Evidentiary and Legal Issues Affecting the Determination of Compensation,” filed Feb. 20, 2024, is DENIED. The Gearings' 2- 20-24 Request for Judicial Notice (RJN) is GRANTED. (Evid. Code Sect. 452(d).) The Gearings request judicial n otice of 22 documents previously filed with this Court. The RJN provides no explanation as to their significance/relevance, although of these documents are referenced in ...

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