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2019.5.31 Motion to Compel Further Responses 230
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.31
Excerpt: ... 2.6 (Kelly Dinger). Granted. The supplemental response shall indicate all titles and lines of work. 2.7 (Kelly Dinger). Granted. Even if Kelly Dinger did not attend high school or other American educational institutions, she must respond as to any “other academic or vocational institutions,” as stated in the interrogatory. 3.7 (Kelly Dinger, Bruce Dinger, and BKD). Denied as to Kelly Dinger, who responded fully and unambiguously, “No.” D...
2019.5.31 Motion to Set Aside Default, Judgment 932
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.31
Excerpt: ...his order. Defendant Siatuu seeks to set aside the default and default judgment pursuant to CCP § 473(d). Defendant contends that she “was never served” with the summons and that the judgment is void because, without proper service, the court had no jurisdiction to issue judgment. Defendant states in her declaration that “I believe I was never served with the Summons and Complaint in the Unlawful Detainer Matter. Nobody ever handed them to...
2019.5.31 Demurrer 917
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.31
Excerpt: ...d cause of action for breach of contract (third party beneficiary) and Third cause of action for breach of the implied covenant of good faith and fair dealing. The Court takes judicial notice of certain party admissions made by Plaintiffs and their counsel in their prior Motion for Leave to File First Amended Complaint, specifically that Plaintiff ELITE was only recently found to be a third party beneficiary in this action following “formal and...
2019.5.30 Motion for Post-Judgment Relief, to Assign Certain Assets 547
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.30
Excerpt: ...DENIED‐IN‐PART, as set forth below. The Ladnier‐Singal Family Trust is Revocable The parties dispute whether the Ladnier‐Singal Family Trust (Trust) is revocable, and thus subject to Probate Code § 18200 (creditors may reach its assets), or irrevocable. Based on the evidence submitted, the Court finds the Trust is revocable. See 5‐22‐19 Request for Judicial Notice, Ex. AB (Sacramento County Superior Court reaching the same conclusion...
2019.5.30 Motion to Strike 856
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.30
Excerpt: ...e/exemplary damages is GRANTED WITH LEAVE TO AMEND. The FAC's allegations of “malice,” “fraud,” and “oppression” are conclusory and unsupported by specific factual allegations. Further, the facts that are alleged are not specific as to each Defendant. Instead, Plaintiff groups all Defendants together, leaving each specific Defendant guessing as to which allegation(s) pertain to it. As to each Defendant, the Complaint must plead specif...
2019.5.30 Motion to Enforce Settlement Agreement 208
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.30
Excerpt: ...e the general practice is to hear a motion to seal concurrently with the motion that is the subject of that request. Plaintiffs believed that the Court was indicating that no order to seal was required, when the Court was actually explaining that an ex parte order was not necessary and that the motion to seal could be calendared with the present motion to enforce settlement. There is no order permitting the sealing of documents related to this mo...
2019.5.30 Demurrer 856
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.30
Excerpt: ... allegations against Defendant JP Morgan Chase. Further, where an action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written instrument must be attached and incorporated by reference. Otworth v. S. Pac. Transportation Co., 166 Cal.App.3d 452, 459 (1985). Plaintiff has not attached or set forth the terms of any alleged agreement with Defendant JP Morgan. The ...
2019.5.29 Motion to Compel Compliance with Civil Subpoena Duces Tecum 946
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.29
Excerpt: ...ed in bad faith or without substantial justification.” (Code of Civ. Proc. § 1987.2, subd. (a).) There is no showing that Debtor opposed the motion in bad faith or without substantial justification. Section 708.170 permits awarding sanctions or fees for this motion, but the Motion states expressly that the request is pursuant to only section 1987.2. (Moving P&A at 3:22‐25.) The request for sanctions, therefore, is denied for lack of notice. ...
2019.5.29 Demurrer 019
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.29
Excerpt: ...RRULED. Defendant argues the breach of contract claim fails to state a cause of action (Code Civ. Proc. § 430.10(e)) because (a) if § 8.1 is properly construed, the Complaint does not allege a breach; (b) § 8.1 is an unenforceable non‐compete provision; and (c) the liquidated damages clause is unenforceable. The Court addresses each argument in turn. First, the Court finds that the Complaint sufficiently alleges a breach of § 8.1. Defendant...
2019.5.29 Motion to Vacate Renewal of Judgment 380
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.29
Excerpt: ..., 2015 form EJ‐190 Application for and Renewal of Judgment and October 16, 2015 Amended Application for and Renewal of Judgment constituted the unauthorized practice of law to the extent that the application was made on behalf of the seventeen other judgment creditors who were included on Attachment “A” to that Application and Amended Application. Timberline Inc. v. Jaisinghani (1997) 54 CA 4th 1361, 1367; People v. Landlords Professional S...
2019.5.28 Writ of Possession 373
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.28
Excerpt: ...ready been conclusively established by Defendant's default, and Plaintiff may seek a judgment against Defendant. The court notes that the requirements for issuance of a writ of possession – that a plaintiff's claim have “probable validity” and that the plaintiff obtain an undertaking – have no meaning or purpose where a pre‐trial writ of possession is sought after the defendant's default. Further, even if Defendant had submitted an oppo...
2019.5.24 Motion to Disqualify 161
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.24
Excerpt: ...t base this motion on the premise that Attorney Eassa presently represents Fox Bayshore on one side and Steven Porter on the other, and their respective positions are adverse. Fox Bayshore is named only as a nominal defendant, whose interests are not adverse to Plaintiff Stephen Porter. In the complaint, Attorney Eassa is not representing any interest that is adverse to Fox Bayshore. 2. The Cross‐complaint. The Cross‐complaint alleges that th...
2019.5.23 Demurrer 856
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.23
Excerpt: ... WITH LEAVE TO AMEND. As noted in the moving papers, the FAC does not allege that Plaintiff performed under the contract or was excused from performance. Further, where an action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written instrument must be attached and incorporated by reference. Otworth v. S. Pac. Transportation Co., 166 Cal.App.3d 452, 459 (1985)....
2019.5.23 Motion for Leave to File Amended Complaint 844
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.23
Excerpt: ... the authority cited by Plaintiff states only that a claim for spoliation may arise if a “duty based on contract” exists. (Cooper v. State Farm Mut. Auto. Ins. Co. (2009) 177 Cal. App. 4th 876, 894) Plaintiff does not allege or contend that any contractual relationship exists between Plaintiff and Defendant. Negligent Infliction of Emotional Distress “is not an independent tort, but the tort of negligence.” (Burgess v. Superior Court (199...
2019.5.23 Motion for Leave to File Complaint 620
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.23
Excerpt: ...intervention is GRANTED. BBSI shall separately file and serve its complaint in intervention as set forth in CCP § 387(e) within 14 days of this order. Intervention of a nonparty in an action or proceeding is governed by CCP § 387. That section provides in pertinent part: (d)(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision ...
2019.5.23 Motion for Summary Judgment, Adjudication 213
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.23
Excerpt: ...idence are OVERRULED. Cross‐Defendant Michelle Charles's Motion for Summary Judgment, or in the Alternative, Summary Adjudication is DENIED pursuant to Code of Civ. Proc. Section 437c. A reasonable trier of fact could find that Cross‐Complainant Danwen's evidence of online wire transfers from MAD's Chase bank account to Cross‐Defendant Michele Charles, as well as the testimony contained in Cross‐Defendant Charles's Exhibit 28 to her Compe...
2019.5.21 Motion to Enforce Written Settlement Agreement 036
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.21
Excerpt: ...eir counsel, can properly meet and confer further and, in good faith, attempt to resolve this dispute without Court intervention. The Court notes that on May 9, 2019, Plaintiff Tom Gehman, Jr. (Junior) obtained new counsel, Peter Myers. It does not appear Mr. Myers has had a chance to participate in a meet and confer. From the papers, it is unclear exactly which provisions/terms in the proposed irrevocable trust Junior finds objectionable, aside ...
2019.5.9 Petition for Release of Property Form Lien 802
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.9
Excerpt: ...reement to extend the 90‐day period for initiating an action to enforce the lien, Respondent failed to file an action in this court prior to the agreed upon deadline of February 15, 2019. As a result, the lien is unenforceable. Cal. Civ. Code § 8460; CCP § 392; Automatic Sprinkler Corp. v. S. Cal. Edison Co., 216 Cal. App. 3d 627, 634–35 (Ct. App. 1989). Respondent's opposition to the Petition relies on authority holding that “the grant o...
2019.5.8 Demurrer 165
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.8
Excerpt: ... of Court. Plaintiff shall comply with the California Rules of Court in all other respects. Plaintiff bears the burden of pleading and proving timely filing of a sufficient complaint with the DFEH and obtaining a right‐to‐sue notice. See Holland v. Union Pac. R.R. Co., 154 CA4th at 945; Jumaane v. City of Los Angeles (2015) 241 CA4th 1390, 1402; Kim v. Konad USA Distribution, Inc., 226 CA4th at 1345‐1346. Plaintiffs' complaint appears to at...
2019.5.8 Motion for Reconsideration, for Determination of Good Faith Settlement 571
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.8
Excerpt: ...eccato and Beatrice Ceccato (“Ceccatos”) for Reconsideration of the March 1, 2019 Order (filed on March 5, 2019) Granting the Application of Cross‐Defendants Mansa Construction Corporation dba Era Green Banker Realty, Stanley Lo, and Mirna Gonzales (“Cross‐Defendants”) for Determination of Good Faith Settlement (hereinafter “Order”), the court rules as follows: By order of the Presiding Judge, this matter is assigned for hearing t...
2019.5.7 Demurrer 943
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.7
Excerpt: ...e of limitations had not yet run at the time of the filing of the complaint on July 27, 2016. The first amended complaint adequately identifies which of the Plaintiffs were minors at the time of the decedent's death. With respect to the adult Plaintiffs, Defendants have the burden of proving that Plaintiffs discovered or should have discovered the facts alleged to constitute Defendants' wrongdoing more than one year prior to filing this action. S...
2019.5.6 Application for Writ of Possession 024
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.6
Excerpt: ... its claim to possession of the collateral identified in the 3‐28‐19 Declaration of Karen Tennant. The evidence indicates Defendant breached the parties' “Master Promissory Note and Security Agreement” (Note) by failing to make the required payments, giving Plaintiff the right to take immediate possession of the collateral. Defendant has not opposed the application. Because Defendant appears to owe more on the Note than the collateral's c...
2019.5.6 Motion for Joinder 858
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.6
Excerpt: ...LC did not seek leave to amend First American's answer, and First American is not seeking leave to amend Elevation's pleadings. Nonetheless, considering that there is no opposition to the request, First American's request is GRANTED to the extent it seeks leave to file its proposed amended answer. First American shall file and serve the amended answer within 10 days of this order. First American's request to bifurcate the trial, which is also not...
2019.5.6 Motion for Summary Judgment 567
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.6
Excerpt: ... Cal.App.3d 327, 335 [“the prevailing view is that it is only in the truly exceptional case involving a single, simple issue with minimal evidentiary support that a court will consider the merits of a motion unaccompanied by a separate statement”].) The Complaint alleges three causes of action to which Plaintiff is seeking summary judgment. Plaintiff's Memorandum of Points and Authorities discusses the elements of each cause of action, but th...
2019.5.3 Motion for Summary Judgment, Adjudication 074
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.3
Excerpt: ...r Summary Judgment is DENIED. The Complaint seeks both possession of the property and damages. West Ridge's moving papers state that “[fo]r purposes of this motion, Plaintiff has reserved its claim for money damages.” However, Plaintiff has not dismissed, or stated its willingness to dismiss from this case, its damages claim. The moving papers do not establish the amount of damages owed. Further, Plaintiff's proposed Order and proposed Judgme...

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