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2023.09.14 Demurrer 786
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.09.14
Excerpt: ... ON DEMURRER AND DEMURRER TO DEFENDANT AND CROSS-COMPLAINANT DONNA GOLDSTEIN'S VERIFIED CROSS COMPLAINANT BY PLAINTIFF AND CROSS-DEFENDANT TENTATIVE RULING: The instant dispute arises out of a loan and Deed of Trust ("DOT") executed by Defendant Donna Goldstein's nowdeceased husband, Andrew Goldstein, pledging real property at 1431 Laguna Avenue, Burlingame CA (the "subject property") to Option One Mortgage ("Option One") as security for a loan (...
2023.09.14 Demurrer 795
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.09.14
Excerpt: ... to Strike. As a preliminary matter, McLennan identifies four statutory grounds for this demurrer to the Complaint of Plaintiff 930 Linden Avenue, LLC ("930 LLC"): (1) 930 LLC's lack of capacity to sue, (2) misjoinder, (3) failure to state a claim, and (4) uncertainty. (See Code of Civ. S 430.10, subds. (b), (d)—(f).) However, none of the papers filed in support of the motion discuss capacity to sue, misjoinder, or uncertainty. The Court theref...
2023.08.31 Motion for Summary Adjudication 987
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.31
Excerpt: ...ion of Katie Fones "in its entirety" is overruled. Objections to evidence must be specific. (Evid. Code Sect. 353, subd. (a); Coit Drapery Cleaners, Inc. v. Sequoia Ins. Co. (1993) 14 Cal.App.4th 1595, 1611.) The objection to the entirety of the declaration on the ground that "reasonably equivalent value" is not susceptible to ex#rt testimony is overbroad and non-specific. Further, the Fones Declaration never provides an opinion on what constitut...
2023.08.24 Motion to Strike SAC 470
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.24
Excerpt: ... LS Home Development, LLC from the SAC on the grounds that the new y added defendant and cause of action exceed the scope of the amendment #rmitted by the Court in its ruling on Defendants' demurrer to Plaintiff's First Amended Complaint. Generally, where a court grants leave to amend after sustaining a demurrer, the scope of permissible amendment is limited to the causes of achon to which the demurrer has been sustained: "[Sluch granting of leav...
2023.08.24 Motion for Summary Judgment, Adjudication 434
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.24
Excerpt: ...intiff is reminded 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"]; San Mateo County Superior Court Local Rule 3.3 [same...
2023.08.24 Demurrer to SAC 470
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.24
Excerpt: ...hrough fourth causes of action asserted in Plaintiffs First Amended Complaint on the grounds that the causes of action were barred by the two-year statute of limitations applicable to claims for breach of an oral contract under CCP S 339.1. (1/19/23 Minute Order.) The Court noted that Plaintiff did not dispute that the two-year statute of limitations was applicable, but rather contended that the claim was timely under the continuous accrual doctr...
2023.08.10 Motion for Summary Judgment 102
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.10
Excerpt: ...ourt takes judicial notce of their filing dates and contents, but not as to the truth of statements/allegatons in the documents. Plaintiff's 7-27-23 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d)). Defendant's 8-3-23 Objections to Evidence are all OVERRULED. The Court rules on objections to evidence, not objections to alleged "facts" in Plaintiff's Separate Statement. Further, for the most part, Defendant's arguments go to the w...
2023.08.10 Demurrer to SAC 345
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.10
Excerpt: ...illon ("Plaintiffs") is SUSTAINED WITHOUT LEAVE TO AMEND. (1) The Demurrer to the First Cause of Action for Wrongful Foreclosure is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to state facts sufficient to support this claim. The SAC alleges that the Notce of Default ("NOD") improperly demanded $13,643.36. (SAC 27.) Plaintiffs acknowledge that they missed monthly $650.00 payments beginning October 2018, and were in arrears for 17 months at t...
2023.08.03 Motion to Compel Arbitration 312
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.03
Excerpt: ...n arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that the right to compel arbitration has been waived by the petitioner, or grounds exist for rescissio...
2023.08.03 Demurrer to SAC 777
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.03
Excerpt: ...to Demurrer" filed May 26, 2023 (11 pages), (2) "Objection to Demurrer Amendment" filed June 5, 2023 (3 pages), and (3) "Defendants Demurrer Action and Plaintiff's Points and Authorities" filed June 5, 2023 (10 pages). "Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages." (Cal. Rules of Court ("CRC") Rule 3.1113(d).) All three documents together therefore violate the page limits pe...
2023.08.03 Motion to Enforce Settlement 386
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.03
Excerpt: ...l. CCP S 564.6(a). The individual Plaintiffs and individual Defendants (with Bryan Holmes signing as managing member of FFC Alameda DLP, LLC) all signed a written settlement agreement laying out payments owed by Defendants to the Plaintiffs according to a payment schedule. Ex. A to Decl. of Adam L. Pedersen ("Pedersen Decl."). There is no dispute as to the amount or terms contained in the settlement agreement. Defendants have failed to make payme...
2023.08.03 Motion to Quash Deposition Subpoenas 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.03
Excerpt: ...poenas of four affiliated persons—Jo Chamberlain, Michael Kimsey, Chris Carneghi, and Kenneth Habeeb—issued by Defendants and Crosscomplainants Thomas J. Gearing and Daniel K. Gearing (collectively "the Gearings") for oral testimony and scheduled for June 12 and 13, 2023. In the alternative, Coastside Land Trust requests a protective order limiting the scope of these depositions. A. Coastside Land Trust Has Standing Both the Notice and Amende...
2023.08.03 Motion to Tax Costs 047
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.03
Excerpt: ...rded to Plaintiff MDIG, the Motion to Tax is DENIED. With respect interest accrued on the judgment, the Court will decide this issue at the Sept. 14, 2023 hearing. Background. In Nov. 2016, the parties entered into a Settlement Agreement, which provided that Defendants/Judgment Debtors South Bay Real Estate Commerce Group, LLC and George Cresson would pay $450,000 to plaintiff/Judgment Creditor Mount Diablo Investment Group (MDIG), per a payment ...
2023.07.27 Motion to Quash Subpoena, for Sanctions 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.27
Excerpt: ...in this case is premature, and discovery of Mr. Carneghi's work as a consulting expert concerning his appraisals is protected by attorney 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.) According to Defendants, "If not permitted to depose him at this tme and only after he was formally disclosed, [Defendant...
2023.07.27 Motion for Summary Judgment, Adjudication 809
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.27
Excerpt: ... $9,744.60 on the counts for an open book account and account stated. The final judgment shall be entered in accordance with such upon termination of the action. A. Legal Standard on Summary Judgment or Adjudication Pursuant to Code of Civil Procedure secton 437c, a party may move for summary judgment if it contends that there is no defense to the action. (Code of Civ. Proc., S 437c, subd. (a)(l).) In addition, "[al party may move for summary adj...
2023.07.27 Motion for Reconsideration 777
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.27
Excerpt: ...iled within 10 days' notice of the order being challenged. (Code of Civ. Proc. S 1008, subd. (a). The order was entered December 29, 2021, but no Proof of Service is on file showing that the Order was served on any party. Therefore, the 10-day limit does not preclude a motion for reconsideration. Regardless, the motion is denied for failure to demonstrate the existence of new or different facts, c:ircumstances, or law that were not before the Cou...
2023.07.20 Motion to Strike FAC 921
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.20
Excerpt: ...person arising from any act of that person in furtherance of the person Is right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." (CINIe of Civ. Proc. S 425.16(b)(1).) The Court consid...
2023.07.20 Motion to Amend Complaint 004
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.20
Excerpt: ...is interest in real property through undue influence, seek restitution and a constructve trust on the profits Defendants allegedly made as a result, add a cause of action for breach of fiduciary duty, and remove the intentional infliction of distress claim in the original Complaint. Defendants object to amendment because they argue that the issues here are res judicata, that the causes of action are barred by the statute of limitations and do not...
2023.07.13 Demurrer
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.13
Excerpt: ...LC ("Urban") and Evan Haskell demur to the Second Amended Complaint's First and Second Causes of Action generally, on the basis that it does not state facts sufficient to constitute a cause of achon against Haskell, and specially, on the bases of misjoinder and uncertainty. (See Code of Civ. Pru., S 430.10, subds. They also demur generally to the Second Cause of Action, on the basis that it is superfluous. They also demur specially to the entire ...
2023.07.06 Motion to File Records Under Seal 883
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.06
Excerpt: ...xists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substanŸal probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restricŸve means exist to achieve the overriding interest. Cal. Rules of Court, rule 2.550(d); NBC Subsidiary, Inc. v. Super. C...
2023.07.06 Motion to Compel Mediation 921
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.06
Excerpt: ...udes a mediation clause, courts generally do not order/compel parties to attend, and pay for, private mediations, because mediations are inherently voluntary. See Jeld-Wen, Inc. v. Superior Court (2007) 146 Cal.App.4th 536, 540, explaining: Mediation is defined as a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement During this process, a neutral ...
2023.07.06 Motion for Determination of Good Faith Settlement 548
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.06
Excerpt: ...ion of plaintiffs' total recovery and the settlor's proportionate liability, (2) the amount paid in settlement, (3) the allocation of settlement proceeds amongst plaintiffs, (4) financial conditions and insurance policy limits of settling defendants, as well as (5) the existence of collusion, fraud, or tortious conduct aimed to injure the interests of non-settling defendants, and (6) a recognition that a settlor should pay less in settlement than...
2023.07.06 Demurrer 517
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.06
Excerpt: ...OA — Fraudulent Inducement Defendants demur to Plaintiff's first cause of action for fraudulent inducement on the grounds that "there are no allegations identifying any 'material fact' that either Mr. Fleming or Mr. Nanduri concealed during the hiring process." (MPA, p.5.) The Court agrees with Defendants. Plaintiff alleges that she was "promised her job security, a reasonable share of Onc.Al, and a proper salary," and that Defendants represent...
2023.06.29 Motion to Set Aside Entry of Default, Judgment 135
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.29
Excerpt: ... court may relieve a party from any proceeding taken against them through her excusable neglect on any terms that may be just. (Code of Civ. Proc., S 473, subd. (b).) The moving party must show that the negligent act or omission is one that a reasonably prudent person might have committed under similar circumstances. (Renteria v. Juvenile Justice, Dept. of Corrections & Rehabilitation (2006) 135 Cal.App.4th 903, 910.) In addition, the party must ...
2023.06.29 Motion to Enforce Liability on Undertaking on Appeal 047
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.29
Excerpt: ..., Plaintiff seeks to add the three surety entities to the existing Judgment, and to amend the amount of the existing Judgment to account for (a) accrued interest, and (b) three prior awards of attorney's fees/costs, which remain unpaid. The Motion is opposed only by the two Loanvest entities (the sureties), and only in part. Brief background. In Nov. 2016, the parties entered into a Settlement Agreement, pursuant to which Defendants agreed to pay...

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