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2019.10.23 Application for Right to Attach Order, for Issuance of Writ of Attachment 598
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.23
Excerpt: ...) the claim upon which the attachment is based is one upon which an attachment may be issued, (2) Petitioner has established the probable validity of her claim (see Code Civ. Proc. § 481.190, “more probable than not…”), (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based, and (4) the amount to be secured is greater than zero. Code Civ. Proc. § 483.090(a). Based on the alle...
2019.10.23 Motion to Quash Service of Summons and Complaint 541
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.23
Excerpt: ... CONTINUED to January 17, 2020 at 9 a.m. in the Law & Motion Department to allow Plaintiff time to conduct jurisdictional discovery. Defendants' alternative Motion to Dismiss on grounds of inconvenient forum (forum non conveniens) is DENIED, for the reasons stated below. Personal jurisdiction is determined by evidence, not allegations Without belaboring the issue, the Court notes that when a Defendant challenges the Court's personal jurisdiction ...
2019.10.22 Motion for Sanctions 107
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.22
Excerpt: ...tive ruling, Plaintiffs served a “partial joint response” to Defendants' requests for production. In conjunction with that response, Plaintiffs produced approximately 600 pages of documents. Subsequent to the filing of this motion, Plaintiffs produced approximately 1900 electronic files. In this motion, Defendants emphasize that Plaintiff's production was deficient. According to Defendants, “[Plaintiffs] have disobeyed [the court's July 23]...
2019.10.21 Motion to Strike or Tax Costs 540
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.21
Excerpt: ...b)‐16(d) is GRANTED. These costs are barred by the oral settlement agreement between the parties entered into on April 24, 2018. The transcript of the April 24, 2018 hearing shows that Defendant's counsel, Matthew James, stated on the record: …And just so I'm absolutely in an abundance of caution, that the parties are agreeing to incur their own attorney's fees and costs relating to this litigation except as provided for by Mr. Macias [Plaint...
2019.10.18 Motion to Compel Arbitration 683
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.18
Excerpt: ...aining broadly‐worded arbitration clauses. 8‐16‐19 Maley Decl., Ex. 2 at § 11, Ex. 6. Morales does not appear to dispute that the arbitration clause in one or both of the agreements would apply to her asserted claims against Genesys. However, she contends the agreements are unconscionable and/or voidable under Labor Code § 925, and thus should not be enforced. Because unconscionability is a contract defense, the party asserting the defens...
2019.10.18 Motion for Summary Judgment, Adjudication 711
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.18
Excerpt: ... no merit. CCP §437c(p)(2). The complaint asserts causes of action for products' liability based on defective design, defective manufacturing and failure to warn, negligence based on design and manufacturing defects and failure to warn, loss of consortium and negligent infliction of emotional distress. The undisputed material facts and supporting evidence establish the following: Defendant was not involved with the installation of its product. U...
2019.10.18 Motion to Stay or Dismiss 683
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.18
Excerpt: ...nt. The parties to this case are all currently involved in another pending case—an earlier‐filed action in the United States District Court for the Southern District of Indiana, captioned Genesys Telecommunications Laboratories, Inc. v. Talkdesk, Inc. et. al., Case No. 1:19‐CV‐00695‐TWPDML. In the Indiana case, parties Talkdesk, Morales, Strahan, Hertel, and Manno, who are all Plaintiffs in this case and Defendants in the Indiana case, ...
2019.10.15 Motion for Summary Judgment 361
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.15
Excerpt: .... I. Issue One – First Cause of Action (Declaratory Relief) The Stadler‐Freeman deed reserved a right of way that is 50‐feet wide, designated for “road purposes and for public utilities.” The reservation does not indicate any specific dimensions for road purposes or for utilities. Certain defendants received easements over the 50‐foot right of way, but Defendants' deeds do not specify any width of their respective easements. Therefore...
2019.10.15 Motion to Strike Punitive Damages 752
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.15
Excerpt: ...aint (SAC) is GRANTED. Code Civ. Proc. §§ 435‐437; Civ. Code § 3294. As a general rule, punitive damages are disfavored and are awarded “with the greatest caution” and only in the “clearest of cases.” Beck v. State Farm Mut. Auto. Ins. Co. (1976) 54 Cal.App.3d 347. Mere negligence, even gross negligence, is not sufficient. Ebaugh v. Rabkin (1972) 22 Cal.App.3d 891, 894. The law requires that a plaintiff seeking punitive damages prove...
2019.10.11 Motion for Leave to File Amended Complaint 008
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.11
Excerpt: ...pposition brief, filed 9‐30‐19. Defense counsel is reminded to comply with the service requirements set forth in Code Civ. Proc. § 1005(b)‐(c) (Opp. briefs must be served by means of next‐day delivery). Plaintiff seeks leave to file a FAC adding a new Defendant (Fidelity National Title Co., or FNTC) and several new causes of action, all based on the alleged non‐disclosure of an additional easement encumbering the property (the “1954 ...
2019.10.11 Motion for Summary Adjudication 724
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.11
Excerpt: ...ute of limitations defense bars this Cause of Action as a matter of law. Additionally, triable issues of material fact exist pursuant to Code of Civ. Proc. Section 437c as to the substantial nature of alleged stream diversions, including with regard to SSUMF numbers 2, 4, 6, 9, 15, and 16. Plaintiffs' dispute of these facts are supported by the depositions of Deleon, Leicester, Lt. Ober and Randi Adair and the declaration of Crystal Chau. As to t...
2019.10.11 Motion to Compel Further Responses 724
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.11
Excerpt: ...other state agencies. Those agencies are not a party to this action. As a result, Defendants must seek the documents through a third‐party subpoena pursuant to People ex rel. Lockyer v. Superior Court, 122 Cal. App. 4th 1060, 1078–80 (2004). Defendants have provided no argument or discussion relating to Lockyer. Defendants contend that, in accordance with CCP § 2031.230, the People are required to indicate whether a diligent inquiry has been...
2019.10.10 Motion to Seal Records 920
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.10
Excerpt: ...t the privacy interest. Absent sealing, the private information would be publicly available. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...
2019.10.9 Motion to Lift Stay 296
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.9
Excerpt: ...tani et. al.'s express request. See 8‐16‐19 Minute Order. Dattani et. al. has repeatedly represented that this civil case should follow the criminal case. See 8‐22‐19 Wood Decl., ¶6 (“In Dec. 26, 2018 Defendants moved to continue trial, in accord with Defendants understanding that everyone agrees the criminal matter must proceed before the civil matters.”). The criminal case has not yet resolved. Further, Dattani et. al. has not iden...
2019.3.25 Motion for Sanctions 858
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.25
Excerpt: ...o the settlement, or (2) had no intention of honoring the terms of the settlement, or (3) allowed the motion to be filed because it intended to cause a delay of the trial or delay performance on the settlement causing additional damage to Elevation.” [MPA, p.3] Elevation, however, has failed to set forth sufficient facts to establish that Terrace acted for the sole purpose of harassment or delay. Counsel for Terrace asserts in his declaration t...
2019.3.25 Motion for Leave to Amend 407
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.25
Excerpt: ...ing KW's Demurrer to the fraud cause of action in Plaintiffs' original Complaint, on grounds Plaintiffs had alleged no underlying facts supporting their conclusory allegation that KW ratified/authorized Defendant Yu's conduct (Civ. Code § 2339), and had alleged no facts supporting employer liability under the doctrine of respondeat superior. The 12‐6‐18 Order granted Plaintiffs leave to amend to allege, if they could, a fraud claim against K...
2019.3.22 Motion for Summary Adjudication 828
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.22
Excerpt: ... to Evidence Code Sections 403, 702, 1401, and 1402, and California Rules of Court Rule 3.1110(g). The assertion that the March 17, 2015 agreement, including both the English translation and the Chinese language version, was prepared by SUE is not supported by the evidence currently before the court. The remainder of Defendant's evidentiary objections are OVERRULED. Plaintiff's Motion for Summary Adjudication is DENIED pursuant to Code of Civ. Pr...
2019.3.22 Motion for Judgment on the Pleadings 418
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.22
Excerpt: ...1) Defendant entered into an account with Bank of America, (2) Defendant authorized all transactions on the account, (3) the present balance is $5,005.59, and (4) Defendant's last payment on the account was on April 16, 2017. These admissions are sufficient to establish amount of a debt, but not sufficient to entitle Plaintiff to judgment on the pleadings. B. The Motion Fails to Dispose of Any Cause of Action. The complaint alleges three common c...
2019.3.21 Motion to Compel Further Responses 203
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.21
Excerpt: ...1, is ruled on as follows: The motion to Request nos. 12‐16 is GRANTED. The County establishes good cause for production of these documents. (See C.C.P. § 2031.310(b)(1).) Once good cause is shown, the burden shifts to the responding party to justify the objection. (Kirkland v. Sup. Ct. (2002) 95 Cal.app.4th 92, 98.) Here, Jane Doe #1 failed to oppose this motion, and therefore has not justified her objections. The motion to Request no. 17 is ...
2019.3.20 Motion for Leave to File Complaint 483
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.20
Excerpt: ...detect the wrongful acts of Clark. A. The Proposed Cross‐Complaint Appears to State a Cause of Action. Generally, whether a pleading states a cause of action should be decided by demurrer, not on a motion for leave to file the pleading. For purposes of this motion only, the Court declines to apply the case of Jaffe v. Huxley Architecture (1988) 200 Cal.App.3d 1188. The same court that decided Jaffe later limited that case to its facts. (See Pla...
2019.3.19 Motion for Assignment Order 653
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.19
Excerpt: ...sufficient evidence to establish that Judgment Debtor has the right to any payment from Momentum Auto Group, Inc. and Fairfield CJD, LP. The declaration of Plaintiff's account manager, Pliny Jones, states that declarant is informed and believes that Defendant is entitled to receive income from these entities as an independent contractor based on an internet search performed. However, declarant fails to set forth any facts to support how declarant...
2019.3.19 Petition to Compel Binding Contract Arbitration 149
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.19
Excerpt: ...ion to Compel Arbitration and Stay Action is DENIED. Plaintiff waived his right to compel arbitration. Plaintiff complied with Code of Civil Procedure section 1281.5 by alleging that he does not waive the right to arbitrate and intends to move, within 30 days after serving the Complaint, to compel arbitration. (Code of Civ. Proc. Sect. 1281.5, subd. (a); see Complaint at 12:13‐20.) Section 1281.5 requires that “within 30 days” after serving...
2018.8.3 Demurrer 786
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.3
Excerpt: ...because all asserted claims hinge on a 2006 trust deed signed only by decedent, Plaintiff was required to file the lawsuit within one year of decedent's 2014 death, and thus all claims are now time‐barred. Citing Probate Code § 13550, 13551, and 13554; Code Civ. Proc. § 366.2. The merits of this defense cannot be resolved on Demurrer. A demurrer lies where the dates alleged in the complaint show clearly and affirmatively that the action is ba...
2018.8.3 Motion to Compel 700
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.3
Excerpt: ...31.320, subd. (a).) In response to Categories 1, 2, 3, 4, 6, and 7, Plaintiff responded that it would produce certain documents, but the motion offers no evidence that Plaintiff has refused to actually produce them. The motion states, “June 20 came and went with no production or any response from plaintiff's counsel. (Nelson Decl. ¶ 10.)” (Moving P&A at 4:22‐23.) Paragraph 10 to the Nelson Declaration states merely that Attorney Nelson did...
2018.8.3 Motion for Protective Order 546
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.3
Excerpt: ...specific requirements of Code Civ. Proc. § 2031.030, which includes a designation of the land or property to be inspected, tested or sampled by “specifically describing each individual item or by reasonably particularizing each category of item”; and a specification of “any inspection, copying, testing, sampling, or related activity that is being demanded, as well as the manner in which that activity will be performed, and whether that act...
2018.8.3 Motion for Attorney Fees 246
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.3
Excerpt: ...performed by the Knight Law Firm (“Knight firm”), and $27,775.00 for work performed by Hackler Daghighian Martino & Novak, P.C. (“HDMN”). In opposition, Defendants FCA US LLC and KTP Cars, Inc. (“Defendants”) object to both the hourly rates and the claimed time spent by the attorneys. Plaintiff provided additional declarations at the prior hearing, and the court continued the motion to consider this evidence and to give Defendants an ...
2018.8.2 Motion to Strike 778
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.2
Excerpt: ...fraud. Further, it does not allege facts that can reasonably support a finding of malice or oppression, as defined by Civ. Code § 3294. The allegations lump defendants together, without specifying what acts/conduct Fidelity allegedly engaged in that constitutes fraud, oppression, and/or malice. Further, the allegations of wrongdoing appear directed at the lender and/or servicer of the loan. There is no allegation Fidelity was the lender or servi...
2018.8.2 Motion to Compel Arbitration 921
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.2
Excerpt: ...is for binding arbitration. When arbitration is pursuant to Code of Civil Procedure section 1280 et seq., the resulting arbitration award is, in substance, binding. Judicial arbitration is nonbinding; a party dissatisfied with the award may reject the award by requesting trial de novo. In contrast, when arbitration is under Section 1280 et seq., such as what the present motion seeks, the arbitration award may be attacked only on limited grounds. ...
2018.8.2 Demurrer 778
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.2
Excerpt: ...is expected to explain, at the 8‐2‐17 hearing, why granting leave to amend as to Fidelity would not be futile. First, as to all asserted claims, the FAC is uncertain by failing to specifically identify what conduct defendant Fidelity, as distinct from the other named defendants, purportedly engaged in. Code Civ. Proc. Sect. 430.10(f); Moore v. Regents of Univ. of Cal. (1990) 51 Cal.3d 120, 125. As set forth in Code Civ. Proc. Sect. 425.10(a),...
2018.8.2 Demurrer 769
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.2
Excerpt: ... a claim or issue litigated in the prior proceeding; (2) the prior proceeding resulted in a final judgment on the merits; and (3) the party against whom the doctrine is being asserted was a party or in privity with a party to the prior proceeding. Tobin v. Nationstar Mortgage, Inc. (2016) 2016 WL 1948786, at *5 (citing Boeken v. Phillip Morris USA, Inc. (2010) 48 Cal. 4th 788, 797. Plaintiff filed a prior action, San Mateo County Superior Court C...
2018.8.1 OSC Re Contempt 572
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.1
Excerpt: ...�Application”), or whether Mr. Carroll intended for this hearing to be treated as the Order to Show Cause re: Contempt hearing. On the same day Mr. Carroll filed the Application, he also filed an Order to Show Cause re: Contempt purporting to give Ms. Carter notice of this hearing as a contempt hearing. No Order to Show Cause re: Contempt was ever signed by the court. Thus, to the extent that Mr. Carroll intended this hearing as a contempt hear...
2018.8.1 Motion to Vacate 362
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.1
Excerpt: ...pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...
2018.8.1 Demurrer 953
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.1
Excerpt: ...0, 2018, no declaration had been filed. Consequently, the demurrer is stricken. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...
2018.7.31 Motion to Strike 647
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.31
Excerpt: ...d the omission, but expressly directed Defendant BSI, “In the future, Defendant must comply with the meet and confer requirement prior to filing a motion to strike. (See Code of Civ. Proc. 435.5.)” (Minute Order, April 11, 2018 (last paragraph). Instead of meeting and conferring in person or by telephone, Defendant BSI merely sent a letter. The supporting declaration does not indicate any attempt to meet in person or by phone, as specified by...
2018.7.31 Motion to Lift Stay 882
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.31
Excerpt: ...the order to arbitration or until such earlier time as the court specifies. (C.C.P. sec. 1281.4.) The court previously ordered that the parties submit Plaintiff's non‐PAGA claims to arbitration after Defendant Binary Capital Management, LLC (“Binary”) moved to compel arbitration. (See Baker Decl., Exhs. 2, 3.) Plaintiff then proceeded to pay AAA's arbitration filing fee. (Baker Decl., paras. 5, 6, and Exhs. 5, 6.) Binary apparently became i...
2018.7.31 Motion to Compel Further Responses 433
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.31
Excerpt: ...is interrogatory, limited to prior incidents (dating back three years before Plaintiff's alleged incident) in the women's department of the Macy's in question. “PREMISES” is defined in the interrogatories to mean the entire Macy's store, which is overbroad given that the alleged incident occurred in the women's department, which itself is sizeable. Defendant's relevance argument lacks merit. Evid. Code § 210 (broadly defining relevant eviden...
2018.7.31 Motion to Compel 514
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.31
Excerpt: ...ndants concede they have no breach of fiduciary duty claim against Plaintiff and do not intend to assert one, appears outside the scope of permissible discovery as to this responding party. Code Civ. Proc. § 2017.010. Plaintiff's request for monetary sanctions is DENIED. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal o...
2018.7.30 Demurrer 844
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.30
Excerpt: ...ers, Inv. v. Municipal Court (1978) 21 Cal.3d 724. Therefore, on the court's own motion, the complaint is stricken with 30 days' leave to file an amended pleading if plaintiff retains an attorney. The demurrer is moot. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is re...
2018.7.30 Motion to Compel 494
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.30
Excerpt: ...) Defendant's Motion to Compel Documents Responsive to Defendant's requests for production of documents (set one and two), is GRANTED. Plaintiff is to produce all responsive documents, to the extent any exist, as to these requests. Alternatively, as Defendant proposed, Plaintiff may instead provide a signed verification that the documents provided by CrossDefendant Nordeman are the only documents that exist responsive to Defendant's requests. (3)...
2018.7.27 Motion for Protective Order 530
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.27
Excerpt: ...version for the Court's signature. Defendant correctly notes that cases should normally be prosecuted under the parties' true names. Code Civ. Proc. § 367. However, this rule is not absolute. Courts have authority to permit the use of pseudonyms in various circumstances, such as where doing so is necessary to protect against harassment, injury, embarrassment, and social stigmatization. See, e.g., Does I thru XXIII v. Advanced Textile Corp. (9th ...
2018.7.27 Motion to Compel 322
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.27
Excerpt: ...t the scope of these requests to information pertaining to conduct similar to the allegations in Plaintiff's Complaint. Plaintiff also agreed to limit the timeframe from January 1, 2010 to the present. (Decl. Loh ¶ 7, Exhibit 3.)  GRANTED as to Request for Production (Set One), Request No. 18 and Request for Production (Set Two), Request No. 57. Defendant iPASS, INC. is ordered to serve full and complete, verified responses to the foregoing d...
2018.7.27 Motion to Strike 450
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.27
Excerpt: ...August 31, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. Defendant is required to file, no later than 7 days prior to the new hearing date, a code‐compliant declaration stating either (1) the parties have met and conferred in person or by telephone and (a) the parties have resolved the objections raised in the motion, which shall be taken off calendar or (b) the parties did not reach an agreement re...
2018.7.27 Demurrer 096
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.27
Excerpt: ... the subject property. Thus, the two year statute of limitations under Code of Civil Procedure section 339(1) does not apply to Defendant. Although section 339(1) “generally” applies to claim for professional negligence (Thomson v. Canyon (2011) 198 Cal. App. 4th 594, 606), the limitations periods of sections 337.1 and 337.15 are specific to claim for design defects in the construction of real property. Sections 337.1 and 337.15 apply to a cl...
2018.7.27 Demurrer 619
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.27
Excerpt: ...ntially completed on September 19, 2007. (5th Am. Complaint ¶ 51.) Therefore, the deadline was September 18, 2017. Plaintiff named the AC&H for the first time in the Third Amended Complaint, which was filed October 24, 2017, one month after the 10‐year deadline. Plaintiff contends that AC&H was timely named in June 22, 2017, when Plaintiff substituted AC&H for Doe 16. The argument lacks merit. “Even if a plaintiff meets the other requirement...
2018.7.27 Motion for Good Faith Settlement 865
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.27
Excerpt: ...tion of plaintiff's total recovery nor defendant's proportionate share of that liability. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...
2018.7.26 Motion to Strike 733
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.26
Excerpt: ...LEAVE TO AMEND. Plaintiff has not established that he is entitled to recover punitive damages. (See Gov. Code § 818 [“Notwithstanding any other provision of law, a public entity is not liable for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant.”.) The motion to strike the relief sought in paragraphs 2, 3 and 4 of the Relief Sought & Compensa...
2018.7.26 Motion for Summary Adjudication 928
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.26
Excerpt: ...for “Wrongful Trustee Sale,” the claim lacks merit for multiple reasons, first because Eagle Vista played no part in the trustee's sale. Plaintiff contends the banking entities that foreclosed upon and sold Plaintiff's home, whom Plaintiff has dismissed from the case with prejudice, lacked the authority to foreclose and failed to comply with various statutory requirements pertaining to a non‐judicial foreclosure sale. This argument/cause of...
2018.7.26 Demurrer 733
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.26
Excerpt: ...les of Court, Rule 2.112, including by separately listing each cause of action, its nature, and the defendant to whom it is directed. The demurrer based on failure to comply with the claims presentation requirement in the Government Claims Act (Gov. Code §§ 900, et seq.), is SUSTAINED WITH LEAVE TO AMEND for Plaintiff to allege facts to support such compliance. Although Plaintiff generally alleges he complied with the claims presentation requir...
2018.7.26 Demurrer 213
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.26
Excerpt: ...ubstantive allegation is that Old South performed services for which it received payment from Crosscomplainants. The allegations, if proven, could support a jury's finding that Old South was a party to the implied‐in‐fact contract with Cross‐complainants. Demurrer to the fourth cause of action (unfair business practice) is overruled. A corporate plaintiff may not bring a representative suit under the Unfair Competition Law. (Linear Technolo...
2018.7.25 Motion for Summary Adjudication 076
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.25
Excerpt: ...mplaint (TAC). On 2‐8‐18, when Defendants filed the motion, the operative Complaint was Plaintiff Ryce's First Amended Complaint (FAC), filed 3‐17‐17. Thereafter, on 3‐18‐18, Plaintiff filed a Second Amended Complaint (SAC), and then on 6‐13‐18, filed a Third Amended Complaint (TAC), which currently serves as the operative pleading. Defendants have filed a Demurrer to the TAC, which is set for a hearing on 8‐21‐18. The TAC sup...
2018.7.24 Motion to Strike 134
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.24
Excerpt: ...bd. (a).) Further, NICOLOSI does not specify in the Notice of Motion or Points and Authorities that the motion is based on any judicially noticeable matter. (Id. section. 437, subd. (b.)) Even if the Court were to consider the matters set forth in the moving Declaration of Franck, the Court would find that the Roe amendment is not necessarily improper. Although L & J possibly knew the name “Axalta” when filing the cross‐complaint, the oppos...
2018.7.24 Motion to Compel Further Responses 460
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.24
Excerpt: ...vice of the verified responses, or any supplemental verified response, or on or before any specific later date to which the parties agree in writing, or the propounding party waives any right to compel further response. (C.C.P. sec. 2030.300(c).) The court lacks jurisdiction to order further response where a motion to compel is not timely filed. (Vidal Sassoon, Inc. v. Sup. Ct. (1983) 147 Cal.App.3d 681, 685.) There is no dispute that Plaintiff s...
2018.7.23 Motion for Attorney Fees 708
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.23
Excerpt: ...urt previously ruled on Defendant's motion to tax costs, the judgment had not been satisfied as of the time Plaintiff claimed costs. Plaintiff filed the present motion on June 26, 2018. There is no evidence before the court that Defendant satisfied the judgment before Plaintiff filed the present motion. Therefore, the motion is timely. Plaintiff's motion sets forth a prima facie showing of hours incurred for enforcement of judgment, as well as ea...
2018.7.23 Motion for Reconsideration 778
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.23
Excerpt: ...ation was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (See Code of Civ. Proc. § 1008(a).) Further, notwithstanding this procedural defect, Plaintiff has not presented any new or different facts, circumstances or law to warrant reconsideration of the Order. Defendant's request for judicial notice is GRANTED. If the tentative ruling is un...
2018.7.20 Demurrer 412
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.20
Excerpt: ...even if it did, the FAC would still state a cause of action for unlawful detainer. Defendant shall Answer the Complaint within five (5) days of Notice of Entry of this Order. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords suffi...
2018.7.20 Motion for Judgment 897
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.20
Excerpt: ...ired by Code Civ. Proc. § 439, which requires that the parties (or their attorneys, if represented) actually speak to each other, or make a genuine attempt to speak to each other, either in‐person or by phone, regarding the substance of the motion. An exchange of correspondence does not suffice. Attorney Pappas' 5‐ 15‐18 declaration (filed 5‐17‐18) does not comply with this requirement. It refers only to two emails, and provides no ind...
2018.7.20 Motion for Summary Judgment, Adjudication 123
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.20
Excerpt: ...o comply with CRC Rule 3.1350. Defendants set forth 109 facts that they contend are material for disposing of the entire complaint. (See Moving Separate Statement at pp.1‐22.) Defendants then repeat the same 109 facts and same evidence in support of summary adjudication as to the second through tenth causes of action (but not the first cause of action). This style of Separate Statement, while convenient for the moving party, violates the requir...
2018.7.19 Demurrer 541
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.19
Excerpt: ...on. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...
2018.7.19 Joinder, Motion to Compel 534
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.19
Excerpt: ...ge log, and the hearing on Defendant PriceWaterhouseCoopers' Joinder in the same motion, is continued to Aug. 3, 2018 at 9 a.m. in the Law & Motion Dept. In part due to documents being filed under seal, the Court has not had sufficient time to review LocusPoint's Reply papers. No later than July 25, 2018, each party may (but is not required to) file an additional brief not exceeding two pages, further addressing the following issues: (a) how many...
2018.7.19 Motion to Tax Costs 708
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.19
Excerpt: ...n May 4, 2018 as payment for the judgment. In support, Defendant relies on Gray1 CPB LLC v. SCC Acquisitions, Inc. (2015) 233 Cal.App.4th 882 (“Gray”). In Gray, the debtor tendered a cashier's check for more than the amount owed on the judgment, and the creditor proceeded to file a Memorandum of Costs After Judgment and then cashed the cashier's check. The Gray court held that if the judgment creditor is presented with a check for the full am...
2018.7.19 Demurrer 557
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.19
Excerpt: ...was filed on July 12, 2018, there was insufficient time to consider the matter prior to the current hearing date. As a result, the hearing on the demurrer is continued to July 26, 2018. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling af...
2018.7.18 Motion for Attorney's Fees 246
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.18
Excerpt: ...5 lodestar enhancement, for a total of $56,895.00. Of the $37,930.00 attorneys' fees, Plaintiff seeks $10,155.00 for work performed by the Knight Law Firm (“Knight firm”) and $27,775.00 for work performed by Hackler Daghighian Martino & Novak, P.C. (“HDMN”). In opposition, Defendants FCA US LLC and KTP Cars, Inc. (“Defendants”) object to both the hourly rates and the claimed time spent by the attorneys. 1. THE KNIGHT FIRM a. Hourly ra...
2018.7.18 Motion to Compel Discovery Responses, for Sanctions 588
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.18
Excerpt: ...f Civ. Proc. §§2030.300, subd. (b) [interrogatories], 2033.290, subd. (b) [admissions] and 2031.310, subd. (b)(2) [documents].) Failure to comply with this requirement constitutes a “misuse of discovery.” (Id. §2023.010, subd. (i).) Defendant's motion fails to comply with this requirement. The correspondence between Defendant Goldbeck and Plaintiff do not satisfy the meet‐andconfer requirement because Defendant Goldbeck is not the party ...
2018.7.18 Demurrer 008
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.18
Excerpt: ...or breach of contract is SUSTAINED WITH LEAVE TO AMEND. Code Civ. Proc. §430.10(e). Separate and apart from Plaintiff's third‐party beneficiary claim (see Second Cause of Action), the FAC does not properly allege the existence of any written or oral contract between Plaintiff and Manor. Plaintiff argues the HOA's CCRs and/or Bylaws constitute a “three‐party contract” between Plaintiff, the HOA and Manor because they reference the HOA's r...
2018.7.17 Motion for Summary Judgment, Adjudication 369
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.17
Excerpt: ...the hearing date. If the notice is served by overnight delivery, the notice period shall be increased by two court days. The court cannot cure a notice defect by continuing the hearing. Instead, the notice period must begin anew. Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268‐1268. Although plaintiff has not objected to the lack of statutory notice, a waiver of the notice period should not be inferred from silence. Urshan v. Musicians' Cre...
2018.7.17 Motion to Transfer 489
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.17
Excerpt: ... Friday, June 15, 2018, instead of Monday, June 18, 2018. Plaintiff still had time to timely file and serve an opposition though, and has not established any prejudice from the shortened notice. Nevertheless, Plaintiff did not substantively oppose the motion, and therefore the motion is continued to allow Plaintiff time to file a substantive opposition. Plaintiff's supplemental opposition is to be filed and served by August 3, 2018. Defendant's s...
2018.7.17 Motion to Strike 483
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.17
Excerpt: ...fendant HASKEW, the Complaint alleges, or at least strongly implies, that a portion of damages caused by Clark might have been avoided or mitigated if Defendant HASKEW had discovered Clark's wrongful acts and reported them to the Plaintiff's Board sooner than Plaintiff eventually learned of Clark's acts. To this extent, at least some of the losses litigated in the Clark Litigation were possibly avoidable and are alleged to flow from the alleged n...
2018.7.16 Motion for Attorney Fees 621
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.16
Excerpt: ... described Contract was, and is, subject to the provision of the Rees – Levering Motor Vehicle Sales and Finance Act (ASFA), Civil Code Section 2981—2984.4. (See Paragraph 8 at Pg. 2 of Complaint). Defendant, in answering the complaint, raises five (5) affirmative defenses directly related to ASFA. At no point in time during the course of the litigation did Plaintiff ever amend its complaint to remove or strike the contention that the contrac...
2018.7.16 Motion for Attorney Fees 938
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.16
Excerpt: ...zi in Support of Motion to Enforce Settlement Agreement, filed March 15, 2018.) Plaintiff's motion for attorney's fees is granted in the amount of $64,142.50. Defendant shall pay said amount to Plaintiff on or before 8‐13‐18. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to Ca...
2018.7.16 Motion to Compel 594
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.16
Excerpt: ...lished the service. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...
2018.7.16 Motion to Compel 987
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.16
Excerpt: ...weighs James Jin Qing Li's (“Li”) privacy objection. J.P. Morgan Chase Bank is ordered to provide the records requested in Plaintiffs' subpoena that was issued on February 14, 2018. (See Plaintiffs' Revised Exh. 1.) (2) The motion as to the subpoena to Wells Fargo is DENIED. Plaintiffs have not established that the subpoena was served on all of the individuals and/or entities identified in the subpoena. Plaintiffs served a “Notice to Consum...
2018.7.16 Motion to Compel Arbitration, to Stay 420
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.16
Excerpt: ...ani Decl., on 3‐14‐16, Plaintiff Cassidy signed an agreement requiring the arbitration of employment‐related disputes. Plaintiff's asserted claims here fall within the parties' agreement, which is enforceable. Armendariz, supra, 24 Cal.4th 83. Accordingly, the motion is granted, and the case is STAYED pending resolution of the arbitration. Code Civ. Proc. Sect. 1281.4. Plaintiff's Opposition disputes defense counsel's contention that Plaint...
2018.7.13 Motion to Strike 134
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.13
Excerpt: ...onsequently, the hearing on the motion is continued to August 20, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. The moving party is required to file, no later than 7 days prior to the new hearing date, a code‐compliant declaration stating either (1) the parties have met and conferred in person or by telephone and (a) the parties have resolved the objections raised in the motion, which shall be taken...
2018.7.13 Motion to Compel Further Responses 501
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.13
Excerpt: ...eparate Statement of Requests and Responses at issue. (See CRC Rule 3.1345.) No later than 14 calendar days after Plaintiff files and serves the Separate Statement, Defendant Quality shall serve a privilege log in compliance with Code of Civil Procedure section 2031.240, subdivisions (b) and (c), identifying every document withheld under privilege. The log shall set forth sufficient information to disclose the factual and legal basis of the claim...
2018.7.13 Demurrer 951
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.13
Excerpt: ...loy indicates only that def attempted to meet and confer with respect to a prior demurrer. Consequently, the hearing on the demurrer is continued to August 9, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. The demurring party is required to file, no later than 7 days prior to the new hearing date, a codecompliant declaration stating either (1) the parties have met and conferred and (a) the parties have...
2018.7.13 Demurrer 021
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.13
Excerpt: ...ilders.” Moreover the facts alleged by Plaintiff support that Defendant Mohammad Mortazavi is liable as a builder. Plaintiff alleges that it provided written notice of the defects to Defendant Mortazavi pursuant to section 895 et seq., and further provided an additional list of defects following additional investigation and testing. (Comp. para. 18.) Also, despite a comprehensive investigation by both Plaintiff and Defendant Mortazavi, Defendan...
2018.7.13 Demurrer 003
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.13
Excerpt: ...ee 4‐12‐18 Minute Order), MERS is not a party to the case. Because this appears to have been a typographical error in the Notice and was not raised in the Opposition, however, the Court will address BANA's Demurrer to the SAC on the merits. The Court notes that following the Court's 4‐12‐ 18 Order sustaining BANA's Demurrer to the FAC, Plaintiff filed the present SAC, which differs from the FAC only with respect to two sentences (the last...
2018.7.12 Motion to Quash or Limit Subpoena 304
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.12
Excerpt: ...hem, are enjoined from 1) withdrawing, transferring or using any funds in Wells Fargo Bank Account Nos. 6403387514 and 4155001278 for any purpose other than for the sole benefit of GICC per a request made by a board member of GICC; and 2) taking any action to sublease, license or occupy any space currently occupied by the GICC under the terms of the GICC license granted by the California Department of Social Services. Plaintiffs have shown that t...
2018.7.12 Demurrer 456
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.12
Excerpt: ...tzah states only that he wrote a meet and confer letter to plaintiff's counsel. Consequently, the hearing on the demurrer is continued to August 10, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. The demurring party is required to file, no later than 7 days prior to the new hearing date, a code‐compliant declaration stating either (1) the parties have met and conferred and (a) the parties have resolv...
2018.7.11 Demurrer 490 (2)
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.11
Excerpt: ... Fourth Causes of Action (“To Set Aside Illegal Foreclosure,” “Elder Financial Abuse,” and “Unfair Business Practices”), the Demurrer is SUSTAINED WITH LEAVE TO AMEND on grounds the FAC does not sufficiently identify which factual allegations are directed against each named Defendant. The FAC asserts claims against the loan servicer (Shellpoint), the foreclosure trustee (Trustee Corps), and the alleged beneficiary of the loan and buye...
2018.7.11 Demurrer 490
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.11
Excerpt: ...s) Demurrer to Plaintiffs John and Carolyn Booth's First Amended Complaint (FAC), filed 4‐30‐18, is SUSTAINED WITH LEAVE TO AMEND on grounds the FAC does not sufficiently identify/specify which factual allegations are directed against which Trustee Corps. The FAC asserts claims against the loan servicer (Shellpoint), the foreclosure trustee (Trustee Corps), and the alleged beneficiary of the loan and buyer of the property (Bank of New York Me...
2018.7.10 Motion for Attorney Fees 586
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.10
Excerpt: ...(2014) 59 Cal.4th 602, 608.) Where a statute provides for attorney fees, they are generally available both at trial and on appeal. (Morcos v. Board of Retirement (1990) 51 Cal.3d 924, 927.) In this case, prior awards of attorney's fees have been granted by statute under Code of Civil Procedure section 1021.5. Accordingly, Judgment Creditor is also entitled to an award of attorney's fees on appeal based on section 1021.5. Defendant Ramin Yeganeh i...
2018.7.10 Motion for Attorney Fees 285
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.10
Excerpt: ...st the “disentitlement doctrine” properly should have been raised in the appellate court, not in opposition to a motion to set attorney's fees after the Court of Appeal granted them. Plaintiff Renee Glover CHANTLER shall recover from Defendant RAMIN YEGANEH and his attorney William E. Gilg jointly and severally the amount of $8,120.00. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plai...
2018.7.10 Demurrer 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.10
Excerpt: ...ion against Defendant. The claims in the FAC appear to be based on the allegations that: (1) Defendant's lacked standing to record or transfer and convey any interest in Plaintiffs' property because the original lender, SCME Mortgage Bankers, Inc., did not assign any rights or interest in Plaintiffs' note and Deed of Trust, and (2) Defendant failed to contact Plaintiffs to explore options to avoiding foreclosure 30 days prior to recording the Oct...
2018.7.10 Motion to Strike 483
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.10
Excerpt: ...s to be misfiled, and it was not given a hearing date. Upon transfer from Contra Costa Superior Court, the case of Rael & Letson v. Cassano was assigned case number 18 CIV 02671. Defendant Cassano, however, filed his motion in the case of Rael & Letson v. Haskew (17 CIV 05483) at a time when the two cases had not been consolidated. The motions by both Defendants seek to strike attorney's fees and costs damages. In addition, the motion by Defendan...
2018.7.9 Motion to Vacate Dismissal, to Enter Judgment 272
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.9
Excerpt: ... that dismissal should be vacated under Code of Civil Procedure section 473. (See Declaration of Dubowski, para. 11.) Therefore, the ground for this motion is that dismissal was entered by “mistake, inadvertence, surprise, or excusable neglect.” (Code of Civ. Proc. §473, subd. (b).) The motion shows no “mistake, inadvertence, surprise, or excusable neglect.” The parties stipulated in writing to entry of dismissal, and the Court entered t...
2018.7.9 Motion to Compel Further Responses, for Sanctions 203
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.9
Excerpt: ...��76, 82, 93‐94, 99, 105‐106, 111‐112, 117‐118, 129‐130, 135, 147‐148 and for sanctions is GRANTED‐IN‐PART and DENIED‐IN‐PART. The 27 interrogatories at issue are sufficiently relevant to the asserted claims. Although not the primary basis of its Opposition papers, the County argues the 27 disputed interrogatories here have only marginal relevance to “whether Mr. Sedillo was having improper relationships with his clients.”...
2018.7.9 Motion for Sanctions 275
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.9
Excerpt: ...fs to file the motion. (Minutes, January 10, 2018.) No trial date was pending, and Plaintiffs' motion was for the purpose of setting a trial date. Therefore, the motion also was not filed for the purpose of delay. The grounds for the motion to reset trial date were not asserted in bad faith or frivolously. At the time of the motion, this case had not been included in the coordinated action, and no trial date was set in this Court. Presently, the ...
2018.7.9 Demurrer 640
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.9
Excerpt: ...Environmental Services, Inc., Langan Engineering Environmental Surveying and Landscape Architecture DPC dba Langan Engineering Environmental Surveying and Landscape Architecture, Treadwell & Rollo, Inc. and T&R Consolidated, Inc. (collectively “Defendants”) to the First Amended Complaint of Plaintiff KB Home South Bay, Inc. (“Plaintiff”) is ruled on as follows: Demurrer to the Fourteenth Cause of Action for Successor‐in‐Interest Corpo...
2018.7.6 Motion for Summary Judgment, Adjudication 369
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.6
Excerpt: ...e time for service is increased by “two court days.” (Code of Civ. Proc. § 437c, subd. (a)(2).) The 75th calendar day before the July 6, 2018 hearing date was April 22, 2018, a Sunday. Adding “two court days” extends the service deadline to Thursday, April 19, 2018. Defendant served this motion on Friday, April 20, 2018, one day too late. “The statutory language regarding minimum notice is mandatory, not directive.” (Urshan v. Musici...
2018.7.6 Motion for Leave to File Complaint 802
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.6
Excerpt: ...such as oversight, inadvertence, neglect, mistake or other cause, are insufficient grounds to deny the motion unless accompanied by bad faith.” (Silver Organizations Ltd. v. Frank (1990) 217 Cal. App. 3d 94, 99 [permitting crosscomplaint on “eve of trial”].) The provision for allowing of compulsory cross‐complaints “shall be liberally construed to avoid forfeiture of causes of action.” (CCP § 426.50.) A “strong showing of bad faith...
2018.7.5 Motion for Order 080
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.5
Excerpt: ...onic service. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...
2018.7.5 Motion to Seal 600
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.5
Excerpt: ...o less restrictive means to protect the privacy interest. Absent sealing, the private information would be publicly available. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...
2018.7.2 Demurrer 042
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.2
Excerpt: ...use of Action for Equitable Contribution is OVERRULED. Defendant argues that equitable contribution does not apply because Plaintiff and Defendant are not coobligors, focusing on the allegation that Plaintiff never had, and does not have a duty to defend CrossChannel in the underlying suit. (See Comp. ¶ 30.) However, Plaintiff also alleges that both Plaintiff and Defendant issued policies to CrossChannel, that Plaintiff agreed to provide a defen...
2018.7.2 Demurrer 769
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.2
Excerpt: ...ation on the Merits. In the First Action (Case No.16 CIV 02108), the Court sustained demurrer without leave to amend. Judgment, however, was never entered. Regardless, Plaintiff filed a Dismissal with Prejudice on August 29, 2017. The voluntary Dismissal with Prejudice satisfies the “judgment in prior action” requirement. (Roybal v. Univ. Ford (1989) 207 Cal. App. 3d 1080, 1085.) 2. The Parties Between the Two Actions Are “Identical.” Alt...
2018.7.2 Motion for Change of Venue 696
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.2
Excerpt: ...ld be promoted by the change of venue. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...
2018.7.2 Motion to Dismiss 681
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.2
Excerpt: ...t INTERSTATES VANLINES, LLC. (Decl. Kutsevol, Exhibits A‐F.) They are non‐signatories to the Forum Selection Clause contained in Exhibits C and D, and thus have no standing to enforce it against Plaintiff. Moreover, the Forum Selection Clause expressly states that it applies only as between INTERSTATES VANLINES, LLC and Plaintiff, and not to any “agents, contractors, employees, and representatives”. (Decl. Kutsevol, Exhibits C and D at Se...
2018.7.2 Motion to Disqualify Counsel 575
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.7.2
Excerpt: ...e insufficient to support disqualification under Calif. Rule of Professional Conduct 3‐310. First, the evidence does not sufficiently demonstrate the formation of an attorney‐client relationship. The Court acknowledges that meeting with a potential client can, in some circumstances, create an attorney‐client relationship. Here, the motion is based on a 30‐minute meeting held over three years ago, in May 2015, between Plaintiff Vida's mana...
2018.6.29 Motion to Compel Further Responses 377
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.29
Excerpt: ...GROUP, INC. TENTATIVE RULING: The hearing on this motion is continued to August 13, 2018 at 9:00 A.M. to set. This order supersedes the Stipulation and Order filed 06‐25‐18. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords su...
2018.6.29 Motion for Judgment on the Pleadings 710
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.29
Excerpt: ...acts to constitute a defense. CCP §438(c)(1)(A). Judgment shall be entered in favor of Plaintiff in the amount of $3,394.22. Costs may be sought pursuant to applicable post judgment procedures. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ...

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