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2023.06.01 Motion to Compel Arbitration and for Stay Pending Arbitration 446
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.01
Excerpt: ...controversy, the Court shall order the petitioner and the respondent to arbitrate the controversy it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waved by the petitioner; or (b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, ...
2023.06.01 Motion for Summary Judgment 789
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.01
Excerpt: ...mmary Adjudication is DENIED as to Plaintiff's remaining claims for the reasons set forth below. Statute of Limitations —Relation Back Doctrine Defendant contends, first, that Plaintiff's causes of action are time-barred by the applicable statutes of limitations. Defendant cites Scherer v. Mark (1976) 64 Cal. App 3d 834, 842 for the rule that "Where no effort has been made to allege a cause of action against a fictitiously named Doe defendant, ...
2023.06.01 Motion for Judgment on the Pleadings 624
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.01
Excerpt: ...s rule. The economic loss rule provides that a plaintiff may not recover purely economic damages for tort claims. See Jimenez v. Superior Court, (2002) 29 Cal.4th 473. The component exception to the economic loss rule states that the rule "does not necessarily bar recovery in tort for damage that a defective product (e.g., a window) causes to other portions of a larger product (e.g., a house) into which the former has been incorporated." ld. at 4...
2023.06.01 Demurrer, Motion to Strike 548
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.01
Excerpt: ... is GRANTED in its entirety. (Evid. Code Sect. 452). As to documents filed in court, the Court takes judicial notce of their contents and filing dates, but does not take judicial notice of the truth of statements or allegations in the documents. Page limits. The City's Memorandum of Points & Authorities exceeds the CRC-imposed page limit. Counsel for the City will be expected to comply with all page limits going forward. In its discretion, the Co...
2023.06.01 Demurrer 459
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.01
Excerpt: ... days after service of written notice of this order. Silvia Revolorio, Elmer Lopez, and Cristofer Lopez (hereafter collectively "Defendants") demur to the Complaint, pursuant to Code of Civil Procedure section 430.10, subdivision (e), contending that the notice to pay rent or quit served to Defendants (the "Notice") was required to indicate that payment of the overdue rent could be made by mail rather than simply by personal delivery. (See Apr. 1...
2023.06.01 Motion to Approve and Ratify Payment of Costs, Fees, and Expenses 531
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.01
Excerpt: ...t 2022 through November 2022 relating to the Conservation of [Respondent) California Insurance Company (CIC) (Motion) came for hearing before this Court on June 1, 2023, at 2:00 p.m. All parties appeared through their counsel. Having considered all papers filed regarding the Mohon, oral arguments of the parties, any testimony and evidence presented at the hearing, and all other pleadings and papers on file herein, the Court GRANTS the Motion. DIS...
2023.05.25 Motion to Compel Arbitration 985
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.25
Excerpt: ... language of the clause must be clear and unmistakable. Second, the delegation must not be revocable under state contract defenses such as fraud, duress, or unconscionability." (Aanderud v. Superior Ct. (2017) 13 Cal. App. 5th 880, 892.) The delegaton clause at issue does not pass this test. The Arbitration Agreement delegates to the Arbitrator questions of "whether a claim or dispute must be arbitrated." (Arbitration Agreement at 1, fourth full ...
2023.05.25 Motion to Compel Arbitration 793 (2)
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.25
Excerpt: ... cite Theresa D. v. MBK Senior Living LLC (2022) 73 Cal.App.5th 18 for their argument that the Residents Bill of Rights (Health & Saf. Code sect. 1569.261 et seq.) prohibits requiring a resident to sign a contract waiving jury trial rights "as part of the contract for, or as a condition of, admission" to a residential care for elderly facility. (ld. at 29.) The Arbitration Agreement in the present case is separate from the residency agreement, an...
2023.05.25 Motion for Summary Judgment 995
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.25
Excerpt: ...o. (2021) 69 Cal.App.5th 243, 255.) As a preliminary matter, Defendants Horse Park at Woodside LTD ("Horse Park") and Bravo have waived the affirmative defense upon which they move for summary judgment. The defense they assert falls under the doctrines of waiver of liability and express assumption of risk. (See Coates v. Newhall Land & Farming, Inc. (1987) 191 Cal.App.3d 1, 7— 8.) Neither of these theories are implicated by any of the twenty-fi...
2023.05.25 Motion for Judgment on the Pleadings 624
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.25
Excerpt: ...ority on this issue, and that the First Appellate District has recently held, in Dhital v. Nissan North America, Inc., 84 Cal.App.5th 828 (2022), that the economic loss rule does not bar fraudulent inducement claims based on concealment. Nonetheless, Defendant asserts that the Court should follow federal decisions, including Catherine Petersen v. FCA US LLC, No. CV 21-1386 OSF (EX), 2021 WL 3207960, at *5 (C.D. cal. July 8, 2021) and Tappana v. A...
2023.05.25 Demurrer, Motion to Strike 345
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.25
Excerpt: ...dwood City, CA, 94063, Courtroom 2B. Any party contesting this tentative ruling must also give notice to all other parties of the correct location for the hearing in case any party intends to appear in person. The Demurrer of Defendants Cenlar FSB ("Cenlar") and Citibank, N.A. ("Citibank") (collectively "Defendants") to the First Amended Complaint ("FAC") of Plaintiffs Christopher R. Dhillon and Marissa A. Dhillon ("Plaintiffs") is SUSTAINED IN P...
2023.05.25 Demurrer 353
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.25
Excerpt: ...fendants' Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code section 452(d). Defendants argue that the demurrer should be sustained on the ground that there is another achon pending between the same parties on the same cause of action, pursuant to Cal. Code of Civil Procedure Secton 430.10(c). In the related probate action, Case No. 23-PRO-00327, there are three causes of action for (1) Breach of Fiduciary Duty and Removal of T...
2023.05.18 Demurrer to SAC 521
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.18
Excerpt: ...t as set forth below. A. Second Cause of Action — Interference with Contract Sustained with leave to amend. For delayed discovery to apply, the plaintiff must plead and prove that "a reasonable investigation at that time would not have revealed a factual basis for that particular cause of action." (Fox v. Ethicon Endo-surgery, Inc. (2W5) 35 Cal.4th 797, 803.) The SAC does not meet this requirement. Paragraph 13 alleges that Plaintiff discovered...
2023.05.18 Motion for Summary Judgment, Adjudication 789
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.18
Excerpt: ...ional infliction of emotional distress. Defendants' Mohon for Summary Adjudication is DENIED as to Plaintiff's remaining claims for the reasons set forth below. Statute of Limitations — Relation Back Doctrine Defendants contend, first, that Plaintiff's causes of action are time-barred by the applicable statutes of limitations. Defendants cite Scherer v. Mark (1976) 64 Cal. App 3d 834, 842 for the rule that "Where no effort has been made to alle...
2023.05.18 Motion for Reconsideration 546
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.18
Excerpt: ...ault and Default Judgment, is ruled upon as set forth below. The Court agrees to reconsider the Feb. 9, 2023 Order and has considered Plaintiff's opposing arguments. "Reconsidering" the Feb. 9 ruling does not mean changing the result. It means the Court believes Plaintiff has satisfied Sect. 1008's requirements for the Court to reconsider its prior ruling. (See Corns v. Miller (1986) 181 Cal.App.3d 195, 202 [reconsidering a prior ruling does not ...
2023.05.11 Motion for Summary Judgment, Adjudication 600
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.11
Excerpt: .... Cal. Code of Civ. Proc. S437c(p)(1). When the moving party has met its burden, the burden shifts to the opposing party to show the existence of a triable issue of material fact as to the cause of action, or a defense to the cause of action. ld. Here, Plaintiff moves for summary judgment and/or summary adjudication of the First Cause of Action for Breach of Contract, Second Cause of Acton for Money Lent, and Third Cause of Action for Money Had a...
2023.05.04 Motion for Summary Judgment, Adjudication 699
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.04
Excerpt: ...nt and claims asserted in Defendant Ying (Cathy) Xue and ICEC, Inc.'s ("Xue") 12-8- 20 Cross-complaint, is GRANTED. Code Civ. Proc. Sect. 437c. EAC's alternative Motion for Summary Adjudication is therefore DENIED AS MOOT. Request for Judicial Notice. plaintiff/Cross-Defendant EAC's 1- 26-20 Request for Judicial Notice is GRANTED as to the referenced documents that were either filed with or issued by the Court (Evid. Code Sect. 452(d)), and GRANT...
2023.05.04 Motion for Preliminary Injunction 526
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.04
Excerpt: ... City's Beach Front Boulevard right-of-way adjacent to Plaintiff's property. According to Plaintiff, during the construction, Shimmick graded a dirt roadway along the side of the levee and built a fence near the roadway. Plaintiff claims that Shimmick is using the roadway to store constructon materials for the levee project, and that both the fence and the roadway are on Plaintiff's property. Plaintiff refers to this alleged encroachment as "Tres...
2023.05.04 Demurrer to FAC 169
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.04
Excerpt: ...f written notce of this order. Plaintiff's Request for Judicial Notice is GRANTED. Defendants demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts sufficient to consttute a cause of action, and specially, on the bases that Haskell is not a proper party and that the counts are uncertain. (See Code of Civ. Proc., S 430.10, subds. (d)—(f).) hey also generally demur to the First Amended Compla...
2023.04.27 Motion for Attorney Fees 047
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.27
Excerpt: ...nd the Court of Appeals' award of costs of appeal, Plaintiff seeks its attorney's fees and costs incurred in the proceedings relating to Defendant's unsuccessful Motion to Enforce Settlement Agreement and Defendant's unsuccessful appeal of that ruling. Plaintiff seeks an award of $21,318.50 in attorney fees, representing a total of 97 hours expended in connection with Defendants' Motion and the subsequent appeal, and $2,588.17 in costs. Salassi D...
2023.04.20 Demurrer 446
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.20
Excerpt: ...d the gift card. The argument lacks merit. Plaintiff alleges that he read Nordstrom's representations about how secure the gift cards are. (9AC Para. 15.) Plaintiff alleges that in reliance on those statements, he asked Mr. Devorkin to buy him a Nordstrom gift card for his 50th birthday. (ld. Para. 18.) Mr. Devorkin did so. Under the liberal pleading standard for demurrers, these allegations are sufficient to allege that Devorkin was acting as Pl...
2023.04.13 Demurrer, Motion to Strike 405
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.13
Excerpt: ...defendant has filed an answer to a prior complaint. (See Code of Civ. Proc., S 430.10.) And here, contrary to Plaintiff's contention, the Demurrer is a general one rather than a special one, which is explicit in the notice and readily apparent from the supporting papers. (See, e.g„ Jan. 25, 2023 Notice of Demurrer, pp. 1—2.) A general demurrer is made on the basis that the complaint "does not state facts sufficient to constitute a cause of ac...
2023.04.06 Motion for Summary Judgment 970
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.06
Excerpt: ...t Defendants did not give Plaintiff Gloria Rodriguez a thirty-day notice before the locks were changed and she was refused reentry to a residence located at 237 Poplar Avenue in Redwood City (the "Property"). By this Motion, Defendants contend that the action has no merit because Plaintiff cannot establish that Defendants were landlords nor establish that she was entitled to a thirty day notice. A. Legal Standard on Summary Judgment "A party may ...
2023.04.06 Demurrer, Motion to Strike 584
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.06
Excerpt: ...the Third Cause of Action ("intentional infliction of emotional distress"), the demurrer is SUSTAINED with leave to amend. Code Civ. Proc. Sect. 430.10(e). Plaintiff's Complaint alleges that Defendant is guilty of "extreme and outrageous" conduct because Defendant had "actual and constructive knowledge" of a bed bug problem in its hotel, yet failed to disclose the problem to Plaintiffs, which resulted in Plaintiffs' allegedly sustaining personal ...
2023.04.06 Demurrer 393
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.06
Excerpt: ...edia Inc. v. Superior Court (1999) 20 Cal.4th 449,457, fn. 9. Defendant's Request for Judicial Notice in support of the Reply is DENIED. General Demurrer for Failure to Comply with Tort Claims Act Defendant's unopposed General Demurrer to the entire Complaint for failure to comply with tort claims requirements is SUSTAINED without leave to amend pursuant to Cal. Code of Civ. Proc. S 430.10(e). Plaintiff's Complaint fails to comply with the requir...

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