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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...
2020.09.11 Motion to Seal 019
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.11
Excerpt: ...XHIBITS ATTACHED TO THE DECLARATIONS OF BENJAMIN SCHWAN (“SCHWAN DECL.”) AND JONATHAN C. SANDERS (“SANDERS MSJ DECL.”) IN SUPPORT OF THE MSJ. TENTATIVE RULING: ACCREDITED DEBT RELIEF's motion to seal portions of its moving papers in support of Motion for Summary Judgment is granted as to the Memorandum of Points and Authorities, Separate Statement of Undisputed Facts, Exhibits A through H and J through O of the Declaration of Schwan, and ...
2020.09.10 Motion to Enter Judgment 920
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.10
Excerpt: ...art. Plaintiff's request for attorney's fees is also GRANTED, in part. Defendant does not oppose Plaintiff's request to enter judgment pursuant to CCP § 664.6. Consequently, judgment shall be entered setting forth the terms of the parties' settlement agreement. Plaintiff also requests that the Court enforce the parties' agreement under § 664.6. In this case, the parties' agreement awards the Gill Vista, 24770 Soto Road, and 998 Governors Bay Dr...
2020.09.10 Motion to Compel Further Responses 382
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.10
Excerpt: ...PORATION'S REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE) WITHIN 7 DAYS OF THE ORDER. TENTATIVE RULING: Defendants' motion to compel further responses is DENIED as to Request No. 23. For this request, Defendants seek Plaintiffs' source code for the games at issue. Plaintiffs' source code constitutes a trade secret. (See CACI No. 4402.) Plaintiffs' evidence shows that the source code is secret and that Plaintiffs have made reasonable efforts to kee...
2020.09.10 Demurrer 128
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.10
Excerpt: ...�PART and OVERRULED‐INPART, as set forth below. As an initial matter, the Court notes that the FAC and Defendants' Demurrer papers lack clarity in some respects, possible creating unnecessary work. The FAC names multiple Plaintiffs and Defendants. Each asserted cause of action identifies the Defendants against whom the claim is asserted, but does not identify the Plaintiffs asserting the claim, which suggests that all named Plaintiffs are asser...
2020.09.10 Demurrer 082
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.10
Excerpt: ...ional infliction of emotional distress are: “(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct....” (Christensen v. Superior Court (1991) 54 Cal.3d 868, 903.) Plaintiff ...
2020.09.08 Motion to File Under Seal 382
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.08
Excerpt: ...Authorities in Support of Plaintiffs' Opposition to the Motion for Preliminary Injunction (“MPA”) is DENIED. The proposed sealing is overbroad. Lines 18‐19 on page 11 of the MPA quote a section of PUBG's Motion for a Preliminary Injunction, and Plaintiffs seek to seal this portion of the MPA based on PUBG's Motion to Seal the related portion of its Motion for a Preliminary Injunction. The Court denied PUBG's Motion to Seal portions of its M...
2020.09.04 Motion for Summary Judgment, Adjudication 022
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.04
Excerpt: ...he Motion of Defendants Equinox Holdings, Inc. and James Lopresti (collectively “Defendants”) for Summary Judgment or alternatively, Summary Adjudication, to the Complaint of Plaintiff Robert Pierre Alexander (“Plaintiff”), is DENIED WITHOUT PREJUDICE. Failure to comply with the separate statement may in the court's discretion constitute a sufficient ground for denying a motion for summary judgment or summary adjudication. (C.C.P. § 437c...
2020.09.04 Motion to Set Aside Dismissal 368
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.04
Excerpt: ...ED BY THE JUDGE FINEMAN, ON JANUARY 28, 2020; AND THE JUDGMENT THAT WAS ENTERED AGAINST ROBIN AND SEAN LOVE, DATED FEBRUARY 7, 13 2020 TENTATIVE RULING: Defendants Robin Love's and Sean Love's (“Defendants”) Motion to Set Aside Dismissal, Orders, and Judgment is GRANTED‐IN‐PART. As an initial matter, the motion to set aside the December 11, 2019 dismissal and the January 8, 2020 order granting the motion for evidentiary sanctions is to be...
2020.09.04 Motion for Summary Judgment, Adjudication 870
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.04
Excerpt: ...pposition to be filed “not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.” Notably, Defendant submitted a reply on August 28 and has not objected to Plaintiff's opposition on the grounds that it was not timely filed or that it has been prejudiced by the delay. As a result, the Court, in its discretion, has considered Plaintiff's opposition. Premises Liability In order to...
2020.09.03 Motion to Compel Enforcement of Settlement Agreement 720
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.09.03
Excerpt: ...rder requires that Plaintiff meet and confer with Defendants and attempt to resolve the present dispute informally, and if unsuccessful, to then participate in a mediation with Defendants prior to filing a motion in Court to enforce the Agreement. Thus, the parties contractually agreed, and the Court ordered, that the § 9 ADR procedure constitutes a prerequisite to either party seeking Court intervention to enforce the Agreement. See 7‐6‐20 ...
2019.9.17 Motion to Set Aside Default Judgment 743
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.9.17
Excerpt: ...t aside a default under § 473(b) “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted …”). To the extent Defendant seeks relief under § 473(d), the moving papers provide no persuasive argument or authority indicating the Judgment is somehow “void.” Further, and as independent grounds for denying the motion, it lacks sufficient evidentiary support. ...
2019.9.17 Demurrer 507
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.9.17
Excerpt: ...FS LUIS B. CABRERA AND NORMA CABRERA (“PLAINTIFFS”). TENTATIVE RULING: Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., and JPMorgan Case Bank, N.A.'s demurrer to Plaintiffs' first amended complaint is SUSTAINED without leave to amend. The claims asserted by Plaintiffs against Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., and JPMorgan Case Bank, N.A. are barred by the doctrine of ...
2019.9.16 Motion to Quash Service of Summons 483
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.9.16
Excerpt: ...e of the evidence that “minimum contacts” exist between defendant and the forum state to justify the imposition of personal jurisdiction. (Mihlon v. Sup. Ct. (1985) 169 Cal.App.3d 703, 710; Ziller Electronics Lab GmbH v. Sup. Ct. (1988) 206 Cal.App.3d 1222, 1232.) Here, Plaintiffs Jeffrey C. Poetsch and JC Poetsch Advisors, Inc. (“Plaintiffs”) have not established that the court has either general or specific jurisdiction over Defendants....
2019.7.30 Demurrer 506
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.7.30
Excerpt: ...f”), is ruled on as follows: (1) Defendant's Request for Judicial Notice Defendant's Request for Judicial Notice is GRANTED as to Exhibits A, B, C, E, F, G, J and K. Defendant's Request for Judicial Notice is GRANTED as to Exhibits D, H, I, and L, but the court does not take judicial notice of the truth of the matters asserted in any of these documents. (See Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 8...
2019.6.7 Motion to Expunge Lis Pendens 581
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.7
Excerpt: ...Opposition, p.1, 2] Plaintiff misunderstands the burden of proof. On a motion to expunge lis pendens, it is the duty of the party opposing the expungement motion to defeat the underlying bases for the motion by establishing the existence of a real property claim, and the probable validity of the underlying real property claim, by a preponderance of the evidence. CCP §§ 405.30, 405.32. Plaintiff has presented no evidence, in the form of declarat...
2019.6.7 Motion for Summary Judgment, Adjudication 203
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.7
Excerpt: ...ninth and tenth causes of action. A. Procedural Issues. 1. The Present Motion is Permissible. The minute order from Defendant's previous motion that the Court “declines the request to make these rulings either specifically with or without prejudice” is not a ruling that Defendant may not bring the present motion. A party may not “move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the ...
2019.6.4 Motion to Quash Subpoena Duces Tecum 315
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.4
Excerpt: ...which would seek only the following documents: [Plaintiff's] personnel file, documents pertaining to [Plaintiff's] earnings, documents pertaining to any charges, complaints or lawsuits by [Plaintiff] against Advanced Medical Personnel and documents pertaining to the termination of her employment if applicable. Given the generally broad scope of discovery rights, the proposed narrowed subpoena above is reasonable and permissible and does not undul...
2019.6.4 Motion for Reconsideration 501
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.4
Excerpt: ...OSSFELD LLP TENTATIVE RULING: The Motion of Michael G. King and Hennelly & Grossfeld, LLP (“Plaintiffs' counsel”) for Reconsideration is GRANTED. Plaintiffs' counsel provides new or different facts and circumstances to warrant reconsideration of the Court's April 8, 2019 orders denying Plaintiffs' counsel's Motions to be Relieved as Counsel for Plaintiffs. The Court notes that Plaintiffs Napean Capital Group, LLC and Frederic Shih‐Hsing Yan...
2019.6.3 Motion to Strike 004
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.3
Excerpt: ...tified grounds upon which punitive damages are recoverable. As noted in the court's ruling on Defendants' demurrer, Plaintiff's claim for fraud is unsupported by specific factual allegations. The motion to strike all claims for attorney's fees is GRANTED WITH LEAVE TO AMEND. Attorney's fees must be authorized by contract, statute, or law. Code Civ. Proc. §§ 1021; 1033.5(a)(10). Plaintiff's complaint contains no allegations supporting the reques...

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