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2018.6.28 Motion to Set Aside Default, Judgment, for Return of Levied Funds 707
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.28
Excerpt: ...lt Judgment Is Void. If the complaint fails to state a claim against a defendant, then a default judgment is erroneous. Relief awarded in a default judgment is limited to the prayer and “by the substantive allegations of the complaint. . . . [I]t is error to enter a default judgment on a complaint that fails to state a cause of action against the defaulting defendant.” (Ferraro v. Camarlinghi (2008) 161 Cal. App. 4th 509, 539.) “If the comp...
2018.6.28 Motion to Quash Service of Summons 748
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.28
Excerpt: ...urden of demonstrating the Court has personal jurisdiction over Mr. Peterson. As to Mr. Peterson, this is not a breach of contract case. The Second Amended Complaint (SAC) asserts claims against Peterson for conversion and conspiracy. In their Opposition papers, Plaintiffs point to evidence that (a) Peterson signed a “contract” (a “Scope Letter”) on co‐Plaintiff Black Pine Group, LLC's letterhead showing a Black Pine company address in ...
2018.6.28 Motion for Summary Judgment, Adjudication 203
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.28
Excerpt: ...hird Amended Complaint of Plaintiff Jane Doe #2 (“Plaintiff”), is ruled on as follows: (1) Defendant's motion to the Seventh Cause of Action for Negligence Per Se and Eighth Cause of Action for Negligent Infliction of Emotional Distress is DENIED. Both the Seventh and Eighth Causes of Action allege that Defendant breached its mandatory duty to report child sexual abuse of Plaintiff when it had knowledge and information sufficient to create a ...
2018.6.28 Motion for Order of Possession 019
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.28
Excerpt: ...led to take the property by eminent domain, that it has deposited the amount of probable compensation with the State Treasurer and that it will suffer substantial harm if possession is delayed until judgment is entered. In contrast, Defendant's objection does not provide any facts to show that it will suffer harm as a result Plaintiff's prejudgment possession. If the tentative ruling is uncontested, it shall become the order of the Court, pursuan...
2018.6.27 Motion to Strike 902
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.27
Excerpt: ...��producing conduct that is the foundation for the claim. If the injury‐producing conduct on which the claim is based does not rest on protected speech or petitioning activity, then “collateral or incidental allusions” to protected activity will not invoke the anti‐SLAPP statute. The claim must be based on “an act in furtherance of” the defendant's right of petition or free speech. (Hunter v. CBS Broadcasting, Inc. (2013) 221 Cal. App...
2018.6.27 Motion to Enforce Settlement 451
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.27
Excerpt: ...s of the April 27, 2017 is GRANTED in an amount to be determined by subsequent noticed motion. There is no dispute that the parties entered into a confidential settlement agreement on April 27, 2017 which provided in part that “This Agreement shall be binding and final whether or not a formal agreement is executed.” There is no dispute that the April 27, 2017 Agreement does not expressly state that the Settlement includes an Indemnification p...
2018.6.27 Demurrer 748
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.27
Excerpt: ... entirety. The Court finds that these causes of action are sufficiently stated. 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. ...
2018.6.26 Motion to Strike 657
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.26
Excerpt: ...dum of Points and Authorities a “Matrix of Targeted Allegations and Legal Authorities” that is 24‐pages long identifying the portions it is seeking to strike as well as the legal basis for striking each portion. While Defendant may have intended for this Matrix to be helpful in light of the numerous provisions it is seeking to strike, the court notes that Defendant includes arguments in the Matrix that are not in the Memorandum of Points an...
2018.6.26 Motion for Sanctions 005
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.26
Excerpt: ...rceable, for failure to comply with Code of Civil Procedure section 2032.320, subdivision (d). Before this motion was filed, Plaintiff never offered this as an explanation for her failure to appear. Regardless, the Minute Order is enforceable under Bittle v. Superior Court (1976) 55 Cal.App.3d 489 and Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 269‐270, both of which Plaintiff relies on. All of the requisites of Section 2032.320(d) ...
2018.6.26 Motion for Order 488
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.26
Excerpt: ...ted duration of the appeal. 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.. ...
2018.6.26 Motion for Order 268
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.26
Excerpt: ...to allow Plaintiff's counsel time to address the fact that Plaintiff is deceased, either through appointment of a personal representative, a successor‐in‐interest, or otherwise. Code Civ. Proc. § 377.31. Prior to the continued hearing date, either party may file additional documents/evidence with the Court, should they choose to do so. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(...
2018.6.26 Motion for Good Faith Settlement 571
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.26
Excerpt: ...ff and interested party Irlanda Fuentes‐Perez by Nationwide Legal LLC. However, there is no declaration from the individual at Nationwide Legal as to the actual delivery of the motion. The court also notes that PV Holding Corp. was not served with the motion. Although it has been dismissed by plaintiff, the settling party needs to show that its rights would not be affected by the good faith determination. Indemnity claims by other joint tortfea...
2018.6.26 Demurrer 657
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.6.26
Excerpt: ...ourth Causes of Action are barred by the statute of limitations is OVERRULED. The one‐year statute of limitations begins to run “after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission….” (C.C.P. sec. 340.6.) Although Plaintiff alleges a number of wrongdoings and/or omissions by Defendant, Plaintiff alleges at least in part that she did not disco...

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