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2023.11.16 Motion for Summary Judgment, Adjudication, to Seal Records 948
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.16
Excerpt: ...Code SS 3439 et seq. For the reasons set forth below, Defendant's moton for summary judgment is DENIED. The facts relevant to the pending motion are as follows: according to Plaintiffs' First Amended Complaint ("FAC"), Defendant DBM Cloud Systems Inc. ("DBM") is a software development company that allegedly entered into 28 separate loan agreements with the Plaintiffs between December 20, 2016 and October 12, 2019, by which the Plaintiffs collecti...
2023.11.16 Demurrer to SAC 363
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.16
Excerpt: ...murrer should be sustained because Plaintiff failed to properly serve Defendant with the Second Amended Complaint. Defendant cites no authority for sustaining a demurrer on this ground though. Instead, this may be a valid ground for a motion to strike. (See Code of Civ. Proc. S 436(b).) Nevertheless, Plaintiff is cautioned to properly serve Defendant with any amended pleading in the future and to file a proof of service with the Court. Plaintiff'...
2023.11.16 Motion for Summary Judgment 305
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.16
Excerpt: ...vice of notice of entry of judgment, as required by California Rules of Court rule 3.1700(a)(1). The form Complaint asserts two causes of action for breach of contract and four common counts. (Dec. 14, 2022 Complaint, pp. 3—6.) Each of these six counts are merely pleadings of alternative legal theories to recover a single debt. The only discrepancy in the requested remedies is that attorney fees are requested only under the first cause of actio...
2023.11.09 Motions to Quash Subpoena, for Sanctions 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.09
Excerpt: ...oena issued to its appraiser, Christopher Carneghi, on the grounds that any expert witness discovery in this case is premature, and discovery of Mr. Carneghi's work as a consulting expert concerning his appraisals is protected by attorney work-product privilege. Defendants respond that "Carneghi must be made available as a fact witness so that he may testify about the physical descriptions of all the lots that he perceived." (Opp., p.13.) Accordi...
2023.11.09 Motion to Strike 375
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.09
Excerpt: ...ynor"), an individual and managing member and offcer of BWC. The Cross-complaint alleges causes of action for breach of fiduciary duty, intentional misrepresentation, negligent misrepresentation, and declaratory relief. Raynor now demurs to the Cross- Complaint and moves to strike certain parts of the pleading. Cross-Defendant's Motion to Strike A motion to strike can be used as a scalpel to cut out any irrelevant, false, or improper matters in a...
2023.11.09 Motion for Summary Judgment 795
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.09
Excerpt: ...rovide Lessor with a copy of a Use Permit issued by the City of South San Francisco for such use or alternatively to provide evidence, reasonably satisfactory to Lessor, that no such Use Permit is required." ("Failure to Obtain a Use Permit (3-Day Notice at 2.) The motion is denied as to all other grounds argued in the motion because triable issues of material fact exist as to those grounds. (3-Day Notice at 1- 2, 3 & 4.) A. The Motion Does not E...
2023.11.09 Demurrer 786
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.09
Excerpt: ...ifth cause of Action by Ford is OVERRULED based on failure to allege facts sufficient to support this claim. The elements of a cause of action for fraud based on concealment are: "(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff,...
2023.11.02 Motion to Compel Arbitration and Stay Matter 870
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.02
Excerpt: ... allege causes of action for elder abuse, negligence, wrongful death, and survivorship. Defendants now mcwe to com#l arbitration, arguing that an arbitration agreement signed on behalf of Decedent contractually binds the parties to adjudicate these claims in binding arbitration. The arbitration agreement at issue is its own agreement, though it was kept together with other paperwork governing Decedent's admission to the facility as a resident. Ga...
2023.11.02 Motion for Summary Judgment 709
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.02
Excerpt: ...ng possession of real property, a motion for summary judgment may be made at any time after the answer is filed upon giving five days notice, and shall be granted or denied on the same basis as a motion under Section 437c. Cal. Code of Civil Procedure Section 1170.7. Cal. Code of Civil Procedure Section 437c(b)(1) provides that an MS] "shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters...
2023.11.02 Motion for Relief from Any Waiver of Discovery Objections 632
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.02
Excerpt: ...ly filed. ld. at S 2031.300. A court may grant relief from waiver if: (1) the party belatedly serves a response substantially compliant with CCP SS 2031.210-2031.240, 2031.280, and (2) filing a noticed motion supported by declarations showing that the delay resulted from mistake, inadvertence, or excusable neglect. ld. Under Local Rule 3.700, parties to a general civil case must participate in an Informal Discovery Conference (IDC) prior to filin...
2023.11.02 Demurrer to SAC 169
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.02
Excerpt: ...party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code of Civ. Proc., S 473, subd. Here, Plaintiff TGA F299 Franklin LLC ("TGA") requests relief from the recent adopted tentatve ruling sustaining Defendants Urban Flat, LLC's and Evan Haskell's demurrer to the Second Amended Complaint and granting leave...
2023.11.02 Demurrer in Present Writ of Mandate 283
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.02
Excerpt: ...AINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support a cause of action and uncertainw. Generally, a writ under secton 1085 may only be employed to compel the performance of a duty which is purely ministerial in character. (Transdyn/cresci v. City and County of San Francisco (1999) 72 Cal.App.4th 746, 752.) "A ministerial act is an act that a public officer is required to perform in a prescribed manner in obedience to t...
2023.10.19 Motion for Trial Preferences and Excuse from IDC Program 004
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...a preference to a petitioning party over age 70 when it finds that (1) the party has a substantial interest in the action as a whole and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. A motion for preference need only be supported by an affidavit "signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis a...
2023.10.19 Motion for Summary Judgment, Adjudication 813
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...s GRANTED in part and DENIED in part as set forth below. Defendant West Bay Sanitary District's Request for Judicial Notice is GRANTED as to all items. Defendant West Bay Sanitary District's Objections to the Declaration of Richard Li are OVERRULED as to all items. Defendant West Bay Sanitary District ("WBSD") moves here for summary adjudication of the second through fifth causes of action as set forth in the Second Amended Complaint (the "SAC")....
2023.10.19 Motion to Strike FAC 214
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...ures LLC v. Kings Mountain Road LLC et al. (23-CIV-02211), and Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23-ClV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23-ClV-02214) Defendant moves to strike certain portions of Plaintiffs' operat...
2023.10.19 Motion to Strike FAC 210
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...t al. (23-ClV-02210), Woodside Property Ventures LLC v. Kings Mountain Road LLC et al. (23-ClV-02211), and Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23- CIV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Emygd-us Holdings, LLC, et al. v. Kings Mountain Road LLC, et al. (23-ClV-02210) Defendant ...
2023.10.19 Motion to Strike FAC 211
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...erty Ventures LLC v. Kings Mountain Road LLC et al. (23-CIV- 02211), and Zambezi Creek Road LLCv. Kings Mountain Road LLC et al. (23-ClV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Woodside Property Ventures LLC v. Kings Mountain Road LLC et al. (23-ClV-02211) Defendant moves to strike certain portions of P...
2023.10.12 Petition for Relief Re Business Records Subpoena 557
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.12
Excerpt: ...ta Platforms, Inc. shall produce the records identified in the subpoena no later than fifteen (15) days after service of written notice of the formal order. Petitioner Daniel Golenda here seeks to enforce a domesticated subpoena duces tecum served on Respondent Meta Platforms, Inc. ("Meta") on June 29, 2023. The subpoena asks for business records circumscribed to those that may be used to identify the anonymous defendant of a pending acton filed ...
2023.10.12 Motion to Compel Responses, for Sanctions 460
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.12
Excerpt: ...Against Defendant Vital Restoration and Counsel," filed Aug. 8, 2023, is GRANTED-IN-PART and DENIED-IN-PART, as set forth below. Plaintiff's Aug. 8, 2023 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d).) All objections are waived; the right to respond to Interrogatories by producing documents is also waived. As set forth in the supporting Klapperich declarations and attached exhibits, Defendant failed to serve timely responses to...
2023.10.12 Demurrer 369
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.12
Excerpt: ...tatus (eighth), disability (ninth), and disability (tenth), on the grounds that Plaintiff "fails to plead what the alleged harassment was, who allegedly harassed her, when they allegedly harassed her, how the alleged harassment was tied in any way to a protected characteristic, and how the alleged harassment created a hostile work environment." (MPA, p.l.) According to Defendant, "In the absence of any after three opportunities to save her claims...
2023.10.12 Demurrer 311
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.12
Excerpt: ...n in propria persona. CCP S 391.7(a). In support of his demurrer, Defendant attaches to a declaration the following: a copy of the vexatous litigants list which includes an entry for "Leslie Fields" with no middle initial, an excerpt from the docket from a San Bernardino County case, Madrigal v. Fields, Case No. SCVSS 111685 ("the San Bernardino County case") which contains a notation for "Prefiling Order — Vexatious Litigant" on January 9, 201...
2023.10.05 OSC Re Contempt, Request for Sanctions 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.05
Excerpt: ...to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit" l; San Mateo County Superior Court Local Rule 3.3 [same].) "Rules of Cour...
2023.10.05 Demurrer 548
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.05
Excerpt: ...42 U.S.C. 1983 Monell Liability for False Arrest in Plaintiff Chris Tagunicar's ("Plaintiff") Amended Complaint is ruled on as follows: (1) Plaintiff claims in opposition that his attorney has abandoned him and that he does not have a paid subscription for legal doctrines that he can use to support his opposition. (Plaintiff's Opposition, p.l.) However, at all times in this action, Plaintiff has represented himself in propria persona. Furthermore...
2023.09.28 Motion for Summary Judgment 972
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.09.28
Excerpt: ...all 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 nonmoving party to make a prima facie showing that there is a triable issue of material fact. Cal. Code of Civil Procedure Secton 1161a(b) provides in relevant part that a person who holds ...
2023.09.14 Motion to Add Interest to Judgment 047
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.09.14
Excerpt: ...he parties entered into a Settlement Agreement, which that Defendants South Bay Real Estate Commerce Group, LLC and George Cresson (Judgment Debtors) would pay to Plaintiff MDIG, pursuant to a payment plan. There is no dispute that the Judgment Debtors paid of the Settlement, several years ago. MDIG contends that no additional payments have been made (i.e., Judgment Debtors have made no payments in over five years now), during which time MDIG has...

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