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2019.6.26 Motion to Strike 728
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.26
Excerpt: ...llegations, if proven, are sufficient to permit a jury to find that Defendant's actions were malicious or fraudulent. The Complaint need not allege approval or ratification by an officer, director, or managing agent. The allegation of corporate approval or ratification is necessary only when punitive damages are sought against an “employer,” based on the wrongful acts of an employee. (See Civ. Code sect. 3294, subd. (b).) The allegations for ...
2019.6.26 Motion to Deem Admissions Admitted 063
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.26
Excerpt: ...ice of responses to his RFA's. The request is therefore DENIED: Plaintiff's Motion to Deem Facts Admitted and request for sanctions are DENIED. Plaintiff did not demonstrate that his Request for Admissions was properly served. Motion to Compel Defendant has stipulated to an order compelling responses to Plaintiff's Request for Production of Documents and Interrogatories. This portion of the Motion is therefore GRANTED: Plaintiff's Motion to Compe...
2019.6.26 Demurrer 728
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.26
Excerpt: ...erials were publicly “scattered, spread widely, broadcast or disperse[d]” to a significant number of persons in California. But paragraph 15 (quoted above) alleges that the false material was “distributed” to Defendant's “existing and prospective customers . . . .” (para. 15.) 2. On demurrer, the Court must construe the complaint liberally in the plaintiff's favor. The allegation that Defendant “distributed to . . . existing and pro...
2019.6.24 Demurrer 872
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.24
Excerpt: ... limitations defect, which appears clearly and affirmatively on the face of the FAC. McMahon v. Republic Van & Storage Co., Inc. (1963) 59 Cal.2d 871, 874. Plaintiff admits that he waited nineteen years to assert a claim to the Subject Property, despite his claim allegedly accruing in November 1999, and despite having had, at all times, the right to be placed on title to the Subject Property “upon his request”. (FAC ¶¶ 22‐23.) The demurre...
2019.6.21 Motion for Protective Order 920
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.21
Excerpt: ...t to “postpone stressful, prolonged legal proceedings, until a course of treatment has been established,” (2) that she was in the process of hiring an assistant to help search documents to respond to the request for production, and (3) she was willing to participate in a deposition when medically able. In the intervening month, Defendant has not offered any evidence updating her medical status, has not responded to document requests, has not ...
2019.6.21 Demurrer 175
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.21
Excerpt: ...T LEAVE TO AMEND. Code Civ. Proc. § 430.10(e). Plaintiff has filed four versions of the Complaint. In response to the Court's 2‐25‐19 Order sustaining Defendants' Demurrer to the Second Amended Complaint (SAC), Plaintiff filed the operative TAC, which is virtually identical to the SAC, with the exception of minor additions to ¶¶ 36‐37. These minor changes, however, do not cure the defects raised in Defendants' Demurrer to the SAC. For th...
2019.6.20 Motion to Amend Judgment 840
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.20
Excerpt: ...or O'Keefe‐Mikumo Co., Inc. (OKM) and Mr. Mikumo such that the separate personality of the corporation no longer exists, and that an inequitable result would follow if the corporate separateness were recognized. Sonora Diamond Corp. v. Superior Court (2000) 83 Cal.App.4th 523, 538‐ 9. The Court finds the following facts/factors to be relevant and persuasive. First, the evidence suggests a unity of interest between OKM and Mr. Mikumo, which re...
2019.6.20 Motion for Summary Judgment 233
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.20
Excerpt: ...UEN CHENG WONG TRUST. Code Civ. Proc. § 437c. On its merits, the motion is denied due to the existence of multiple triable issues: (1) whether the relationship between Plaintiffs and Defendant YASUO ITO was fiduciary in nature (UMF No. 8); (2) whether any Defendant failed to diligently pursue a Certificate of Occupancy (UMF Nos. 13, 15, 16, 17, 18, 19, 28, 34, 35); (3) whether any Defendant misrepresented the status of the project (UMF Nos. 29, ...
2019.6.20 Demurrer 244
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.20
Excerpt: ...articular interpretation of the document. Cross‐Defendant's Demurrer to AW Distributing Inc.'s First Amended Cross‐Complaint is SUSTAINED without leave to amend as to the Third Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing, and as to the Fourth Cause of Action for Equitable Indemnity. Cross‐Defendant's Demurrer is OVERRULED as to the Second Cause of Action for Breach of Contract. Second COA Reading the pl...
2019.6.19 Motion for Summary Judgment, Adjudication 514
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.19
Excerpt: ... burden in moving for summary judgment. (See C.C.P. § 437c(p)(1).) Plaintiff's Memorandum of Points and Authorities and Separate Statement address the open book account and account stated claims. However, the Complaint also alleges a claim for goods, wares and merchandise sold and delivered to Defendant Jeffrey Chen (“Defendant”) and for which Defendant promised to pay Plaintiff. (See Complaint, p.3, ¶ CC‐1(b)(3).) Plaintiff also appears ...
2019.6.19 Motion for Attorney's Fees 123
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.19
Excerpt: ...f's motion for costs, expenses and attorney fees. OVERRULED. 2. ¶7 – Speculation, Relevance, Prejudicial, Lacks Foundation, Argumentative/Conclusory The language objected to describes a Bill of Costs filed in another case. The speculation and relevance objections are not well‐taken. The language is laying foundation for the document. OVERRULED. 3. ¶9 – Argumentative, Inadmissible Opinion, Speculative, Relevance, Prejudicial The paragraph ...
2019.6.18 Demurrer 300
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.18
Excerpt: ...r conditions or covenants alleged to have been violated.” The court disagrees. The 3‐day notice, which is attached to the complaint as “Exhibit 3,” clearly advised Defendant that he was in violation of Section 19A of the parties' lease agreement, and the notice quotes that lease provision in full. Defendant further contends that “the complaint fails to state a cause of action for unlawful detainer in that the complaint fails to allege t...
2019.6.18 Demurrer 483
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.18
Excerpt: ...” (CRC Rule 3.1320(a).) Cross‐defendant's demurrer is embedded within the Notice. It states none of the grounds set forth in Code of Civil Procedure section 430.10. Since the Notice does not identify any specific cause of action, the Court deems the demurrer to be on the ground that the entire crosscomplaint fails to state a cause of action. The supporting points and authorities, however, argue that only the first cause of action for indemnit...
2019.6.14 Motion to Compel Deposition, Production of Docs, Request for Sanctions 171
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.14
Excerpt: ... documents is GRANTED, in part, and DENIED, in part. The motion to compel Mr. Lopez's deposition is GRANTED. Defendant is ordered to appear for deposition within 14 days of this order. The motion to compel production of documents is DENIED. Plaintiff is entitled to take Mr. Lopez's deposition pursuant to CCP § 2025.010. Plaintiff noticed Mr. Lopez's deposition for April 10. Defendant asserted a general objection to the deposition notice on the g...
2019.6.14 Motion for Leave to File Amended Complaint 360
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.14
Excerpt: ...rtinent part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding...” The power of the courts to allow amendment of pleadings is to be liberally exercised so that cases may be decided on their merits. Desny v. Wilder (1956) 46 Cal. 2d 715, 751. Courts are bound to permit amendments to the complaint “at any stage of the proceedings, up to and including trial”, and ...
2019.6.12 Motion to Reconsider 217
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.12
Excerpt: ...r Code Civ. Proc. § 1008. Plaintiff failed to serve timely responses to Defendant's discovery requests, and thus waived all objections. See Code Civ. Proc. §§ 2030.290(a); 2031.300(a); 2033.280(a). Plaintiff then did not oppose any of Defendant's underlying motions to compel. Plaintiff's attempted service of belated responses on 2‐1‐19 was ineffective because they were unverified and included objections, which had been waived. Appleton v. ...
2019.6.11 Motion to Tax Costs 232
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.11
Excerpt: ...as not reasonably necessary or helpful. (The motion is not supported by any declaration.) The Motion to Tax costs for electronic filing (Item 14) is granted in the amount of $1,404.00. This Court does not require and did not order electronic filing. (Code of Civ. Proc. §1033.5, subd. (a)(14).) The Motion to Tax costs of hotels (Item 16) is granted. Counsel's explanation for staying at a hotel and for the room rates is accepted. (Decl. of Becker ...
2019.6.11 Motion to Strike 218
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.11
Excerpt: ...re it is proven by clear and convincing evidence that a defendant is guilty of “oppression, fraud, or malice”. Punitive damages may not be pled generally, but must be pled with specificity. Brousseau v. Jarret (1977) 73 Cal.App.3d 864, 872. Both sides here cite to Taylor v. Superior Court (1979) 24 Cal.3d 890, in which punitive damages were permitted against an intoxicated driver. Taylor involved a defendant who had a history of prior arrests...
2019.6.11 Motion for Production of Personnel Files 280
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.11
Excerpt: .... As indicated in the declaration of Plaintiff's counsel, Plaintiff contends that the disclosure sought is material to the litigation because it is relevant to Officer McAlindon's credibility and to establish a “pattern of practice”: Officer McAlindon's discovery answers regarding the facts surrounding the incident differs materially from Plaintiff's version of the events in that it is claimed that [Plaintiff] was not cooperating, yet [Plaint...
2019.5.9 Petition for Release of Property Form Lien 802
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.9
Excerpt: ...reement to extend the 90‐day period for initiating an action to enforce the lien, Respondent failed to file an action in this court prior to the agreed upon deadline of February 15, 2019. As a result, the lien is unenforceable. Cal. Civ. Code § 8460; CCP § 392; Automatic Sprinkler Corp. v. S. Cal. Edison Co., 216 Cal. App. 3d 627, 634–35 (Ct. App. 1989). Respondent's opposition to the Petition relies on authority holding that “the grant o...
2019.5.8 Motion for Reconsideration, for Determination of Good Faith Settlement 571
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.8
Excerpt: ...eccato and Beatrice Ceccato (“Ceccatos”) for Reconsideration of the March 1, 2019 Order (filed on March 5, 2019) Granting the Application of Cross‐Defendants Mansa Construction Corporation dba Era Green Banker Realty, Stanley Lo, and Mirna Gonzales (“Cross‐Defendants”) for Determination of Good Faith Settlement (hereinafter “Order”), the court rules as follows: By order of the Presiding Judge, this matter is assigned for hearing t...
2019.5.8 Demurrer 165
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.8
Excerpt: ... of Court. Plaintiff shall comply with the California Rules of Court in all other respects. Plaintiff bears the burden of pleading and proving timely filing of a sufficient complaint with the DFEH and obtaining a right‐to‐sue notice. See Holland v. Union Pac. R.R. Co., 154 CA4th at 945; Jumaane v. City of Los Angeles (2015) 241 CA4th 1390, 1402; Kim v. Konad USA Distribution, Inc., 226 CA4th at 1345‐1346. Plaintiffs' complaint appears to at...
2019.5.7 Demurrer 943
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.7
Excerpt: ...e of limitations had not yet run at the time of the filing of the complaint on July 27, 2016. The first amended complaint adequately identifies which of the Plaintiffs were minors at the time of the decedent's death. With respect to the adult Plaintiffs, Defendants have the burden of proving that Plaintiffs discovered or should have discovered the facts alleged to constitute Defendants' wrongdoing more than one year prior to filing this action. S...
2019.5.6 Motion for Summary Judgment 567
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.6
Excerpt: ... Cal.App.3d 327, 335 [“the prevailing view is that it is only in the truly exceptional case involving a single, simple issue with minimal evidentiary support that a court will consider the merits of a motion unaccompanied by a separate statement”].) The Complaint alleges three causes of action to which Plaintiff is seeking summary judgment. Plaintiff's Memorandum of Points and Authorities discusses the elements of each cause of action, but th...
2019.5.6 Motion for Joinder 858
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.5.6
Excerpt: ...LC did not seek leave to amend First American's answer, and First American is not seeking leave to amend Elevation's pleadings. Nonetheless, considering that there is no opposition to the request, First American's request is GRANTED to the extent it seeks leave to file its proposed amended answer. First American shall file and serve the amended answer within 10 days of this order. First American's request to bifurcate the trial, which is also not...

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