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2023.03.23 Motion to Compel Responses, Deposition of PMK 985
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.03.23
Excerpt: ...de that the parties agreed to permit discovery on issues pertaining to enforceability of the Arbitration Agreement. The discovery at issue falls into nine general categories: formation of the arbitration agreement, presentation of arbitration agreements to residents, withdrawal of arbitration agreements, arbitration costs, conduct of arbitration, ownership of arbitration entities, motions to compel arbitration, initiation of arbitration, and the ...
2023.03.23 Demurrer to FAC 948
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.03.23
Excerpt: ... cautioned regarding signing declarations under oath absent personal knowledge of the facts stated therein. The 1-5-23 Karen Evans declaration does not appear to be based on personal knowledge. If counsel did not participate in the alleged phone call, then she should not be stating, under penalty of perjury, based on alleged personal knowledge, that the phone call took place. Nonetheless, the Court deems the meet and confer to have been sufficien...
2020.11.18 Motion to Seal 438
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ...ration and Proposed Order. The court starts with the presumption that court records are open unless confidentiality is required by law. (See Cal. Court Rule 2.550(c).) A court may order that a record be filed under seal if it expressly finds facts establishing that: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability...
2020.11.18 Motion for Summary Judgment, Adjudication 495
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ... seventh and eighth causes of action with prejudice on September 23, 2020. Thus, Defendant's motion for summary judgment is moot as to those claims. First Cause of Action – Wrongful Constructive Termination As to the First Cause of Action for “wrongful constructive termination,” Plaintiff must show that he resigned as a result of intolerable working conditions, and that those working conditions violated public policy. (See CACI No. 2432.) D...
2020.11.18 Motion for New Trial 870
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ...im of newly discovered evidence, Plaintiff notes that, just prior to the Court's ruling granting Dane's motion for summary judgment, Frederick Tate, a Target employee, testified at his deposition that Dane sent a representative to Target on a quarterly basis in 2016 to perform “preventative maintenance” on the smartKART shopping carts. According to Plaintiff, this evidence suggests that Dane did, in fact, have possession and control over the ...
2020.11.18 Demurrer 627
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ...k of Am., N.A. (2015) 243 Cal. App. 4th 1293, 1305–06 [tender not required when claim is based on allegations that Defendant foreclosed during time that plaintiff was seeking loan modification].) B. First Cause of Action (Wrongful Foreclosure) Demurrer to the first cause of action is sustained. An element of the claim for wrongful foreclosure is that the foreclosure sale occurred. (Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4t...
2020.11.12 Motion to Quash Service of Summons 252
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.12
Excerpt: ...pecific personal jurisdiction over them, claiming they do not have the necessary minimum contacts with this forum. According to Defendants, “the Complaint is devoid of any facts that establish the Lewiners ‘purposefully availed themselves' of California's benefits, or that the controversy is related to any of the Lewiners' extremely limited contacts with California.” MPA, p.3. However, Plaintiffs' verified Complaint alleges that Plaintiff I...
2020.11.12 Motion for Judgment 513
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.12
Excerpt: ...facts and supporting evidence establishes a prima facie showing that Defendant CHICAGO TITLE did not breach any duty that it owed to Plaintiff. Plaintiff has not demonstrated that a triable issue of material fact exists. Escrow instructions govern the rights and liabilities of the parties and the escrow holder. The parties are entitled to only the performance that is provided in their instructions, and the escrow holder is obligated to perform on...
2020.11.12 Demurrer 206
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.12
Excerpt: ...d be characterized as an argument based more on semantics than substance. However, the Court sustains the Demurrer with leave to amend, for the following reasons. First, while various California courts have disagreed on this point, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action, at least where the claim can be re‐ stated as a “quasi‐contract” claim that seeks “resti...
2020.11.10 Motion to Pay Costs of Arbitration 627
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.10
Excerpt: ...rty as a “deposit” toward arbitration costs. BUTTE has less than that amount in cash. The cases of Roldan v. Callahan & Blaine (2013) 219 Cal. App. 4th 87 and Weiler v. Marcus & Millichap Real Estate Inv. Servs., Inc. (2018) 22 Cal. App. 5th 970 are controlling. [When] a party who has engaged in arbitration in good faith is unable to afford to continue in such a forum, that party may seek relief from the superior court. If sufficient evidence...
2020.11.10 Demurrer 679
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.10
Excerpt: ...First Cause of Action ‐ Fraud The Demurrer to Cross‐ Complainant's First Cause of Action for fraud is OVERRULED. The Cross‐Complaint alleges fraud by intentional misrepresentation and concealment. Where a fraud claim is properly plead on any legal theory, a Demurrer must be overruled. Viewing the allegations as a whole, the Cross‐Complaint adequately pleads a claim for fraud by intentional misrepresentation and/or concealment. It alleges ...
2020.11.10 Application for Writ of Attachment 595
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.10
Excerpt: ...ttachment may be issued, (2) plaintiff has established the probable validity of the claim, (3) the attachment is not sought for any purpose other than to secure recovery on the claim, and (4) the amount to be secured is greater than zero. (See C.C.P. §484.090.) Except as otherwise provided by statute, a claim is one upon which an attachment may be issued: (1) in an action on a claim or claims for money, (2) based upon a contract, express or impl...
2020.11.09 Motion for Summary Judgment 220
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.09
Excerpt: ... To demonstrate substantial compliance with the contractor's licensure requirements, Plaintiff De Bibo must show he (1) had been duly licensed as a contractor in this state prior to the performance of the act or contract, (2) acted reasonably and in good faith to maintain proper licensure, and (3) acted promptly and in good faith to remedy the failure to comply with the licensure requirements upon learning of the failure. Application of the subst...
2020.11.09 Motion for Summary Adjudication 220
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.09
Excerpt: ...on of Bus. & Prof. Code § 7031(e), and the doctrine of substantial compliance, to the undisputed facts. To demonstrate substantial compliance with the contractor's licensure requirements, Plaintiff De Bibo must show he (1) had been duly licensed as a contractor in this state prior to the performance of the act or contract, (2) acted reasonably and in good faith to maintain proper licensure, and (3) acted promptly and in good faith to remedy the ...
2020.11.05 Motion to Set Aside Default Judgment, Entry of Judgment 489
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.05
Excerpt: ... only to the default judgment, Defendants' motion also seeks to set aside the default. See Mot. at 8:11‐14. Under Code of Civil Procedure section 473.5, relief based on lack of actual notice must be sought within 2 years of the default or 180 days after service of a written notice that the default has been entered, whichever is earlier. (C.C.P. section 473.5(a).) There is no time limit on a motion for relief under Code of Civil Procedure sectio...
2020.11.05 Motion for Summary Adjudication 002
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.05
Excerpt: ...tion for Summary Adjudication to the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Causes of Action, is DENIED. On a motion for summary adjudication, a defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action cannot be established, or that there is a complete defense to the cause of action. (Code of Civ. Proc. § 437c(p...
2020.11.04 Motion to Seal Record 438
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.04
Excerpt: ...ration and Proposed Order. The court starts with the presumption that court records are open unless confidentiality is required by law. (See Cal. Court Rule 2.550(c).) A court may order that a record be filed under seal if it expressly finds facts establishing that: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability...
2020.11.04 Motion for Summary Judgment, Adjudication 495
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.04
Excerpt: ... seventh and eighth causes of action with prejudice on September 23, 2020. Thus, Defendant's motion for summary judgment is moot as to those claims. First Cause of Action – Wrongful Constructive Termination As to the First Cause of Action for “wrongful constructive termination,” Plaintiff must show that he resigned as a result of intolerable working conditions, and that those working conditions violated public policy. (See CACI No. 2432.) D...
2020.11.04 Motion for New Trial 870
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.04
Excerpt: ...im of newly discovered evidence, Plaintiff notes that, just prior to the Court's ruling granting Dane's motion for summary judgment, Frederick Tate, a Target employee, testified at his deposition that Dane sent a representative to Target on a quarterly basis in 2016 to perform “preventative maintenance” on the smartKART shopping carts. According to Plaintiff, this evidence suggests that Dane did, in fact, have possession and control over the ...
2020.11.04 Demurrer 627
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.04
Excerpt: ...k of Am., N.A. (2015) 243 Cal. App. 4th 1293, 1305–06 [tender not required when claim is based on allegations that Defendant foreclosed during time that plaintiff was seeking loan modification].) B. First Cause of Action (Wrongful Foreclosure) Demurrer to the first cause of action is sustained. An element of the claim for wrongful foreclosure is that the foreclosure sale occurred. (Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4t...
2020.11.03 Demurrer 531
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.03
Excerpt: ...gument does not address why the Complaint does not state facts sufficient to constitute a cause of action for breach of fiduciary duty, unlawful use of trade secrets, or breach of contract, nor for intentional/negligent interference with economic prospects, or IIED/NIED. Defendant has not addressed whether the listing of names in his complaint and first amended complaint in the separate action violates specific fiduciary duties without violating ...
2020.11.02 Demurrer 227
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.02
Excerpt: ...to state a valid cause of action, and is uncertain. Code Civ. Proc. §§ 430.10(e) and (f). In general, the Court takes a liberal approach with respect to permitting amendments to pleadings, particularly where, as here, no prior Demurrer has been filed. It is normally Plaintiff's burden, however, to show that a reasonable possibility exists that the defects in the Complaint can be cured by amendment. Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Tor...
2020.09.17 Motion for Summary Judgment, Adjudication 584
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.17
Excerpt: ...o judgment as a matter of law. A privileged statement is not defamatory, as a statement must be non‐privileged in order to be proven defamatory. Lemke v. Sutter Roseville Medical Center (2017) 8 Cal.App.5th 1292, 1298. As Defendants have argued, “Application of the privilege involves a two‐step analysis. The defendant has the initial burden of showing the allegedly defamatory statement was made on a privileged occasion, whereupon the burden...
2020.09.17 Application for Right to Attach Order, for Issuance of Writ of Attachment 463
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.17
Excerpt: ...ode §15657.01). (See Application ¶6b.) Plaintiff does not allege a cause of action for financial elder abuse, and the Application is not supported by any evidence of elder abuse. The first and second causes of action are for open book account and account stated, but the Application offers no evidence supporting either of these common counts, other than a copy of one invoice. The invoice contains suggestions that Plaintiff performed and the rate...
2020.09.14 Demurrer 035
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.14
Excerpt: ...assment and Intentional Infliction of Emotional Distress Pursuant to CCP § 527.6 §§§ (a)(1), (B) (1)(2)(3, & (L) and with its Judgment discharge ability Preempted Pursuant to USC 11 § 523(a)(4)” is SUSTAINED WITH LEAVE TO AMEND based on uncertainty and failure to allege facts sufficient to support a cause of action. A demurrer for uncertainty may be sustained where the complaint is so bad that defendant cannot reasonably determine what iss...

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