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2024.06.11 Special Motion to Strike 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...nt requested more time to obtain counsel and Plaintiff/Cross -defendant Portfolio Recovery Associates, LLC (“Plaintiff” or “Cross -defendant”) agreed to continue the hearing until January 31, 2023. On January 30, 2023, a Notice of Stay of Proceedings was filed because Defendant m oved the case to federal court. After issuing a tentative ruling granting this Motion, the Court dropped this Motion at the January 31, 2023 in light of the rem...
2024.06.11 Motion to Tax Costs 584
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...e of Civil P rocedure section 1033.5, subdivision (a). Items that “are not allowable as costs, except when expressly authorized by law” are listed in subdivision (b) of that section. Items that are not listed as allowable or not allowable “may not be allowed or denied in the court's discretion.” (Code Civ. Proc., § 1033.5, subd. (c)(4).) All costs awarded must be “reasonable in amount” and “reasonably necessary to the conduct of th...
2024.06.11 Motion for Summary Judgment 452
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...g her head on low scaffolding that had been erected as part of the construction. Plaintiff's Complaint alleges causes of action for (1) negligence and (2) premises liability against all Defendants, including Defendants BrandSafway Services, LLC (erroneously sued as B randSafway Services, Inc.) and Safway Group Holding LLC (collectively, “Defendants” or “BrandSafway”). BrandSafway now moves for summary judgment pursuant to Code of Civil Pr...
2024.06.11 Motion for Preliminary Approval of Class and PAGA Action Settlement 392
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ... via Zoom o r in-person. The court is inclined to grant plaintiff's motion for preliminary approval of class and PAGA Action settlement provided the parties sufficient address the court's concerns. At the hearing, the court and the parties will discuss the most effic ient way for the parties to provide this information to the court. In ruling on class action and PAGA (Private Attorneys General Act) settlements, this court has a duty to independen...
2024.06.11 Motion for Leave to File FAC 683
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...y be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect . . . . Section 473 subdivision (a)(1) further provides that “The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars.” The p...
2024.06.11 Demurrer 478
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...rtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the Notice “must specify” the location of the hearing].) Note regarding service: The proof of service shows service on plaintiff's counsel. However, since the motion was uno pposed, the research attorney telephoned plaintiff's counsel and plaintiff's counsel stated it did not receive the moving papers. Plaintiff, through the research attorney, now ha...
2024.06.11 Motion to Vacate or Modify Sanctions 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...st that the court sanction defense counsel Mr. David A. Hirshik, and defendant Brayan Florian Perez's two requests for judicial notice in this matter. Plaintiff's motion to vacate is DENIED WITH PREJUDICE, plaintiff's request for sanctions against defense counsel is DENIED, and defendant's requests for judicial notice are GRANTED. Commencing in 2019, the underlying action turns on plaintiff's allegations surrounding a 2018 motor vehicle accident ...
2024.06.04 Motion to Dismiss Complaint 104
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.04
Excerpt: ... (b), 459, subd. (a).) Initially, the court notes that defendants did not provide the proper address for the hearing set for April 9, 2024. Department 4 is located at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401 rather than in Redwood City as the notice indicates. (See Cal. Rules of Court, Rule 3.1110 [the Notice “must specify” the location of the hearing].) However, the court granted plaintiff's ex parte a...
2024.06.04 Motion for Judgment on the Pleadings 500
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.04
Excerpt: ...date of the hearing, as required by California Rules of Court, rule 3.1110(b). Defendant is reminded that the notice of motion must strictly comply with all applicable rules, including the California Rules of Court. However, given that plaintiff had the opportunity to substantively reply —and did so —the court proceeds to a consideration of the merits of the motion. Defendant argues that plaintiff's complaint, which asserts a single cause of ...
2024.06.04 Motion for Determination of Good Faith Settlement 765
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.04
Excerpt: ... alleged that two or more parties are joint tortfeasors or co -obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co -obligors[.] (Code of Civ. Proc., § 877.6.) [T]he intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plain...
2024.06.04 Demurrer, Motion to Strike 938
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.04
Excerpt: ...10 [the Notice “must specify” the location of the hearing].) Defendant Equity Residential Management, LLC's general demurrer is OVERRULED in its entirety. Defendant demurrers on the ground that the fifth cause of action for intentional infliction of emotional dis tress, the seventh cause of action for violation of Business & Professions Code section 17200 et. seq. (Unfair Competition Law), and eighth cause of action for fraudulent concealme...
2024.05.28 Motion to Compel Production of Docs, for Monetary Sanctions 382
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.28
Excerpt: ... matter to April 23, 2024. At the April 9, 2024 hearing, plaintiff Mary Wang Oskamp, who contests the tentative, appeared and stated that she was not available on April 23. Therefore, the court set the hearing for May 28, 2024 at 2:00 p.m. and the clerk of the cou rt set notice to all parties of the new hearing date. The court will hear argument on the motion on May 28, 2024 at 2:00 p.m. with a Mandarin interpreter present. The Court understands ...
2024.05.28 Motion for Summary Judgment, to Seal 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.28
Excerpt: ...breach of contract claim are : (1) the contract, (2) plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach of the contract, and (4) the resulting damage to plaintiff. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) A cross -complainant has met its burden of showing there is no defense to a cause of action if the cross -complainant has proved each element of the cause of action entitling the party...
2024.05.21 Demurrer to FAC 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.21
Excerpt: ...serts a cause of a ction for negligent entrustment against him, on three grounds: (1) mandatory dismissal for failure to serve the summons within three years of filing, (2) statute of limitations, and (3) discretionary dismissal for delay in service and prosecution. The cour t rules on the demurrer as follows: A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint ...
2024.05.21 Motion for Summary Judgment, Adjudication 452
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.21
Excerpt: ...al property, Plaintiffs allege that Plaintiff Lyudmyla Grytsayenko was injured after hitting her head on low scaffolding that had been erected as part of the construction. Plaintiff's Complaint alleges causes of action for (1) negligence and (2) premises liability aga inst all Defendants, including Defendant KBI Painting, Inc. (“KBI”). Defendants Core General Contractors, Inc. (“Core”), Midpen Housing Corporation, and Midpen Property Mana...
2024.05.21 Motion for Summary Judgment, Adjudication 228
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.21
Excerpt: ...the hearing. D epartment 4 is located at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the Notice “must specify” the location of the hearing].) The Motion for Summary Judgment or, in the Altern ative, Summary Adjudication (the Motion”) brought by Defendants Mills Peninsula Emergency Medical Associates, Inc., and Allan Brody, M.D. (“Defendant Brody”) (collectively...
2024.05.14 Motion to Compel Responses, to Deem RFAs Admitted 879
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.14
Excerpt: ... Plaintiff by each Defendant, as well as to the Form Interrogatories, Set One, served on Plaintiff by Defendant Bay Area Obstetrics & Gynecology. The pending Amended Notice of Motion and Motion to Compel Responses to Discovery (the “Motion to Compel”) is timely and unopposed. Plaintiff sent an improper ex parte email to Department 4, not copied to Defendants, requesting a 12 -month continuance because she needs time to find an attorney and f...
2024.05.14 Motion to Compel Further Responses 947
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.14
Excerpt: ...iffs AJ Vasquez's and Jessica Vasquez's Further Responses to Requests for Production of Documents is GRANTED in part and DENIED in part. Plaintiffs AJ Vasquez and Jessica Vasquez shall provide further responses and produce all responsive documents in accordance with t hose further responses no later than ten (10) days after service of written notice of the formal order. Defendants Nationwide General Insurance Company and Allied Property and Casua...
2024.05.14 Motion for New Trial 584
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.14
Excerpt: ...l; 2. miscon duct of the jury; 3. excessive or inadequate damages; and 4. insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law. (Code of Civ. Proc., § 657, subd. (1),(2),(5),(6).) A motion for new trial asks the court to reexamine one or more issues of fact or law after a trial. (Code of Civ. Proc., §§ 656, 657.) The motion is entirely statutory and the procedural requirements ...
2024.04.30 Motion to Vacate Motion for Attorney Fees 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.30
Excerpt: ...Development and Javier Chavarria's motion to vacate. Preliminary Matters Initially, the court notes that real parties moved pursuant to Code of Civil Procedure section 633 (all further statutory references are to the Code of Civil Procedure) in their initial notice (no tice at p. 2), but corrected that typo in their amended notice (amended notice at p. 2.) The court considers the motion pursuant to the standards of section 663. Petitioners/Plaint...
2024.04.30 Motion for Leave to File FACC 716
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.30
Excerpt: ...f Brian Dworetzky within five days after notice of entry of order. The parties are to meet -and -confer regarding modifying the deadlines in the court's pretrial order and the discovery cut -off and provide a stipulation and proposed order regarding the extending of any pretrial da tes. If the parties cannot agree, the parties will hold an informal conference, which can be arranged by the parties jointly emailing Department 4. In this case, plai...
2024.04.30 Motion for Entry of Judgment and Permanent Injunction 774
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.30
Excerpt: ...facts by the parties cannot be resolved on plaintiffs' motion and in furtherance of the ends of justice, a trial should be set on the issue of damages. (See 7 Witkin, Cal. Proc. (6th ed., Mar. 2024 Update) Trial § 397; Fairbank, Cal. Prac. Guide: Civ. Trials & Ev. (Rutter, Oct. 2023 Update) ¶¶ 4:368 – 4:370.) While the court never issued a formal order of bifurcation, the parties agreed and the court conducted the February 16, 2023 on the is...
2024.04.30 Motion for Entry of Judgment 052
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.30
Excerpt: ... (See Cal. R ules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Plaintiff Debt Management Partners, LLC's unopposed motion for entry of judgment pursuant to written stipulation of all parties is GRANTED pursuant to Code of Civil Proced ure section 664.6. Exhibit A to the declaration of plaintiff's counsel, John P. Kenosian, is the parties' conditional settlement agreement and stipulation for entry of judgment...
2024.04.30 Demurrer to FAC 348
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.30
Excerpt: ...unfair compet ition, breach of fiduciary duty, fraud in the inducement, constructive fraud, and negligent misrepresentation in the First Amended Complaint (FAC). In the reply, defendants allege that plaintiffs failed to serve the opposition on them and, therefore, there is no opposition and the court should sustain the demurrer. Defendants also provided a substantive reply and because defendants have demonstrated no prejudice since they were abl...
2024.04.30 Demurrer to FAC 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.30
Excerpt: ...e years of filing, ( 2) statute of limitations, and (3) discretionary dismissal for delay in service and prosecution. The court rules on the demurrer as follows: A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in th e operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. (New Livable Cal. v. Association of Bay Area Gov'ts (2020...
2024.04.23 Motion for Summary Judgment, Adjudication 258
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.23
Excerpt: ...dence are rule d upon as follows: • Obj. No. 1. SUSTAINED. (Evid. Code, §. 702 [lacks personal knowledge]; id., § 403 [lacks foundation].) • Obj. No. 2. SUSTAINED to the extent Plaintiff purports to testify as to whether DOE 4 was employed by the church, or held any off icial position as a pastor. (Evid. Code, § 702 [lacks personal knowledge]; id., § 403 (lacks foundation). Otherwise OVERRULED. • Obj. No. 3. OVERRULED as to Plaintiff's ...
2024.04.23 Motion for Leave to File FAC 789
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.23
Excerpt: ...he damages to th e principal amount sought for the 2018 and 2019 policy periods and second, to add treble damages to the prayer for relief pursuant to Insurance Code section 11760.1 subdivision (a) for defendants alleged failure to complete a physical audit for the 2020 po licy. The motion is unopposed. Initially, the court notes that plaintiff has yet again provided the improper address for the hearing. Department 4 is not located in Redwood Cit...
2024.04.23 Motion to Consolidate 041
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.23
Excerpt: ...ase no. 24UD U00101, for all purposes. The former involves claims and cross -claims for breaches of contract and various torts arising out of an alleged oral agreement to sell a business and lease the premises to Vargas. The latter involves a claim for unlawful detainer arising out of an alleged termination of the lease of the premises. As a preliminary matter, there are multiple procedural defects in the moving papers. The notice of motion does ...
2024.04.23 Motion for Summary Judgment, Adjudication 452
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.23
Excerpt: ...scaffolding t hat had been erected as part of the construction. Defendants' operative First Amended Cross -Complaint (“FACC”) alleges causes of action against certain subcontractors, including defendant/crossdefendant James P. Silva Construction, Inc. (Silva) for express indemnity, implied indemnity, equitable indemnity, apportionment/contribution, duty to defend, and declaratory relief. Cross -defendant Silva for moves for summary judgment o...
2024.04.23 Motion to Bifurcate Proceedings and Stay Certain Discovery 303
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.23
Excerpt: ...ek before th e conference proposing dates before the end of 2024 for a court trial on defendants' issue preclusion defense and including a trial estimate for the trial on this affirmative defense. Defendants litigated this case extensively in federal court with CVS Pha rmacy, Inc., who defendants claim is the parent of plaintiff Aetna, Inc. The court denied defendants' issue preclusion motion for judgment on the pleadings and defendants now seek ...
2024.04.16 Petition for Writ of Mandate 654
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.16
Excerpt: ...iving under the influence of alcohol. He was admonished that his driving privilege would be administratively suspended for one year or administratively revoked for two or three years by the DMV if he refused or failed to take a chemical test. Subsequently, Llanes ref used to take a chemical test of his breath or blood. Llanes timely exercised his right to request an administrative hearing regarding the suspension, and the DMV held a hearing via ...
2024.04.16 Motion to Compel Further Responses, for Monetary Sanctions 632
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.16
Excerpt: ...Compel Further Responses to Requests for Production of Documents, Set Two, nos. 88, 89, 90 and 97 (“RFP”), from Defendant Vinod Bhardwaj (“Defendant”), is DENIED. This Motion appears to be untimely. The IDC Minute Order states that the parties agreed that any motion as t o these RFP would be timely if filed by February 29, 2024. (See December 19, 2023 Minute Order.) This Motion was not filed until March 1, 2024 though. Further, even if ...
2024.04.16 Motion for Terminating Sanctions 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.16
Excerpt: ...order gra nting terminating sanctions against co -defendant Ramson Mumba, Lugo's spouse or former spouse based upon a hearing held on October 31, 2023. On April 25, 2022, Lugo in pro per filed her answer to the first amended complaint. She did not include her telepho ne number or an email address. The court does not remember her ever appearing at any hearing or conference. Mumba has represented to the court that Lugo does not have an email addr...
2024.04.09 Motion to Continue Trial Date 642
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.09
Excerpt: ...fers to the Ca lifornia Rules of Court).) A motion for continuance is addressed to the sound discretion of the trial court. (Oliveros v. County of Los Angeles (2004) 120 Cal.App.4th 1389, 1395 (Oliveros).) Rule 3.1332(c) sets forth seven grounds for continuance upon a showing of good cause, mostly related to the unavailability of a party, essential lay or expert witness, or trial counsel due to death, illness, or other excusable circumstances. Th...
2024.04.09 Motion for Preliminary Approval of Class Action Settlement 121
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.09
Excerpt: ...dently dete rmine whether a settlement is fair, reasonable and adequate. (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 (Kullar) [“ ‘The court has a fiduciary responsibility as guardians of the rights of the absentee class members when deciding whether to approve a settlement agreement.' ”]; In re Microsoft I -V Cases (2006) 135 Cal.App.4th 706, 723.) After conducting its independent review, the court concludes that pl...
2024.04.09 Demurrer to FAC 190
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.09
Excerpt: ...by 4:00 p.m. on April 8, 2024 that the tentative is contested, then the Court will adopt the tentative at the April 9, 2024 hearing and there will be no oral argument on the motion. Defendant Xuan Xu's Demurrer to Plaintiff Yifan Jiang's Verified First Amended Comp laint for Partition of Real Property is SUSTAINED in part with leave to amend and OVERRULED in part. Defendant Xuan Xu's Request for Judicial Notice is GRANTED as to all items. Plaint...
2024.04.09 Demurrer to Complaint 497
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.09
Excerpt: ... forth below. (1) Initial ly, the court notes that Plaintiff has provided the improper address for the hearing. Department 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the Notice “must specify” the location of the hearing].) Plaintiff is cautioned to comply with this rule in the future. (2) Defendan...
2024.04.02 Motion for Determination of Good Faith Settlement, to Seal 485
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.02
Excerpt: ...efendants do not o ppose a motion on the good faith issue, a barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient. (City of GrandTerrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) The Court has reviewed Defendants' counsel's declaration and the attached exhibits, and finds that the settlement meets the criteria for good faith settlement un...
2024.04.02 Motion for Final Approval of Class Action Settlement 110
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.02
Excerpt: ...d final order submitted on February 9, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non -contradictory language in the submitted proposed order. On October 31, 2023, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. The action alleges wag...
2024.04.02 Motion to Compel Binding Arbitration 984
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.02
Excerpt: ...matter, the court notes that Patelco has filed documents with plaintiff's confidential information. Patelco shall take immediate steps to have that confidential filed under seal and file public documents with the confidential information redacted. The court has ord ered the clerk of the court to seal the Declaration of Jade Luong filed February 15, 2024 in the interim to protect plaintiff's privacy. California law strongly favors arbitrati...
2024.03.26 Motion to Strike or Tax Costs 014
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.26
Excerpt: ...al Notice is GRAN TED. (Evid. Code Sect. 452(d).) Plaintiff's request to “strike” the entirety of CalTrans' Memorandum of Costs is DENIED. Plaintiff seeks to strike, in its entirety, Defendant CalTrans' Memorandum of Costs, filed Jan. 23, 2024, or alternatively, to tax the costs claimed therein. CalTrans' Memorandum of Costs seeks total costs of $15,089.20, consisting of $11,639.20 in deposition costs (subpoenas seeking Plaintiff's medical r...
2024.03.26 Motion to Amend Complaint 301
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.26
Excerpt: ...otion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious de fense, it is not only error but an abuse of discretion.” (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) Plaintiff's motion is timely and in compliance with the ...
2024.03.26 Demurrer, Special Motion to Strike 306
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.26
Excerpt: ...Judicial Noti ce is GRANTED as to all items. Initially, the court notes that the moving parties have not provided the address for the hearing. Department 4 is located at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, rule 3.1110 [the notice “must specify” the location of the hearing].) The moving parties must contact Plaintiffs Nathaniel Basola Sobayo and Elizabeth Basola Shoaga by ...
2024.03.19 Motion to Stay Actions 507
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...as it relates to a motorhome vehicle plaintiffs purchased from defendant. As part of the purchase process, the parties agree there is contained in the agreement of purchase a forum selection and choice -of -law clause providing that exclusive jurisdiction for deciding le gal disputes relating to the warranty shall be within the state or federal courts of Ohio, and that Ohio law will apply. (Declaration of Rick March, Ex. B at page 2.) Defendant n...
2024.03.19 Motion for Summary Judgment, Adjudication 634
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...e court DENIE S the motion for summary judgment. In order to prevail on a motion for summary judgment, the moving party must demonstrate that “there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (C ode Civ. Proc., § 437c, subd. (c).) In this motion, plaintiff has failed to provide any argument concerning the second cause of action for account stated or third cause of acti...
2024.03.19 Motion for Leave to File Complaint 560
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...��led, defe ndant had not yet made an appearance; thus the motion did not need to be served on defendant. (Code Civ. Proc., § 1014.) Defendant filed an answer on March 1, 2024. Therefore, Liberty shall by 4:00 p.m. on March 18, 2024 provide notice to defendant of this motion and provide the tentative ruling. If defendant wishes to oppose the motion, she has until 10:00 a.m. on March 19, 2024 to notify the court and all parties of her intent to ...
2024.03.19 Motion for Determination of Good Faith Settlement 765
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...hearing. Depa rtment 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the notice “must specify” the location of the hearing].) A. Legal Standard on Motion to Determine Good Faith Settlement Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co -obligors on a ...
2024.03.19 Demurrer 642
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...s a whole, wi th a view to substantial justice between the parties. (Code Civ. Proc., § 452; Saxer v. Philip Morris Inc. (1975) 54 Cal.App.3d 7, 18.) The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not conten tions, deductions or conclusions of fact or law). (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966- 967.) Courts have repeatedly recognized that where a plaintiff “ "...
2024.03.19 Application for Writ of Possession 122
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...Superior Court (1991) 230 Cal.App.3d 173.) In order to obtain a writ of possession though, plaintiff must show that he has the right to immediate possession of tangible personal property, and that the property is being wrongfully detained by Defendant. (Code Civ. Proc., § 512.010, subd. (b)(1), (2).) In this case, there is conflicting evidence as to who is Figo's owner. Plaintiff claims that he is Figo's owner. (Plaintiff's Decl., and attached ...
2024.03.12 Demurrer, Motion to Strike 308
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.12
Excerpt: ...d at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Any party contesting the tentative ruling is to give notice to all other parties of the address for the hearing. Secon d, plaintiff failed to file a declaration that complies with Code of Civil Procedure section 430.41, subdivision (a)(3), showing that the parti...
2024.03.12 Motion for Preliminary Injunction 582
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.12
Excerpt: ... cour t strongly suggests that the parties engage in mediation with a private mediator experienced in these type of disputes or some other form of ADR. Plaintiff Puja Gupta's Request for Judicial Notice is GRANTED as to items nos. 1 –5 as to the existence of the documents as court records but not as to “the truth of matters stated therein.” (Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375 (Herrera).) Defendant ...
2024.03.12 Motion to Tax Cost Bill 974
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.12
Excerpt: ..., rule § 3.1700(b).) A verified memorandum of costs is a prima facie evidence of the propriety of the items listed on it. (Adams v. Ford Motor Co. (2011) 199 Cal.App.4th 1475, 1487.) “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of pr...
2024.03.05 Motion to Set Aside Dismissal, Enter Judgment 129
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ... 64.6. The parties settled this case in 2021 and agreed that the court should retain jurisdiction pursuant to Code of Civil Procedure section 664.6. (Ex. 1 to the Request for Dismissal filed April 5, 2021, ¶ 11.) The parties' Stipulation states at parag raph 1 that plaintiff and defendant agree that in the event of a breach, judgment shall be entered in favor of plaintiff and against defendant in the sum of $11,840.25 plus costs of suit and pre...
2024.03.05 Motion to Quash Subpoena for Deposition 457
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ...notice of entry of the order. (Code Civ. Proc. § 2025.410, subd. (d).) The court GRANTS both parties' request for judicial notice, but not for the truth of the matters within the documents. A party to litigation has the right to obtain information to support hi s or her claims or defenses. That right is broad. (Code Civ. Proc. § 2017.010, Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) The right is not without limits and as Farrel...
2024.03.05 Motion to Compel Responses, for Monetary Sanctions 076
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ... roduction of documents (RFPs). The court GRANTS plaintiff's request for judicial notice (“RJN”). (Evid. Code, § 452, subd. (d).) However, the court only takes judicial notice that Commissioner Mau held an informal discovery conference (IDC) on December 4, 2023 and there are minutes from the IDC. As much as this court respects Commissioner Mau and the decision he makes, the statements that he or any judicial officer makes during an IDC are n...
2024.03.05 Motion for Final Approval of Class Representative Action Settlement 277
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ...itted on February 8, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non- contradictory language in the submi tted proposed order. On August 29, 2023, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. The court stated in its tentative and ado...
2024.03.05 Motion to Stay Proceedings 492
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ...ly Bil l 218 (“A.B. 218”) and became effective January 1, 2020. (See former Code. Civ. Proc., § 340.1, repealed by Stats. 2022, c. 444 (A.B. 2959), § 1, eff. Jan. 1, 2023, and then repealed by Stats. 2023, c. 655 (A.B. 452), § 1, effect. Jan. 1, 2024.) The Dist rict previously brought a motion for judgment on the pleadings to the second amended complaint arguing that A.B. 218 was unconstitutional. The court denied this motion, finding tha...
2024.02.27 Motion for Protective Order, for Monetary Sanctions 457
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.27
Excerpt: ...urt DE NIES defendant's request for judicial notice. It is unclear if the parties satisfied the requirements to have an Informal Discovery Conference, but if the requirement has not been met, the court waives the requirement since the parties have had multiple c onferences with the civil commissioner. The court notes that the parties raise several collateral issues in their briefing. In ruling on the motion, the court only considered facts rele...
2024.02.27 Motion for Preliminary Approval of Class Action and PAGA Settlement 986
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.27
Excerpt: ...ding o f proposed orders. The court will sign the proposed order submitted on February 9, 2024 with the date of the hearing changed to February 21, the date for the final approval hearing filled in, and any other changes that are appropriate based upon this tentative. The court adopts the language in the proposed order as part of its tentative ruling. The proposed order shall be submitted electronically through the clerk's office. On January 30...
2024.02.27 Motion for Final Approval of Class Action and PAGA Settlement 480
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.27
Excerpt: ...itted on January 26, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non- contradictory language in the submi tted proposed order. On August 23, 2024, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. This case is the third case involving sim...
2024.02.13 Motion for Award of Attorney Fees 791
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.13
Excerpt: ...nce Þnding that the declaration o Marc D. Bender provides a oundation or his expertise o opining on the reasonableness o ees, his criticisms are relevant and there is su¯icient oundation or his opinions. The act that he does not have personal knowledge is irrelevant to his opinions. The court considers his declaration in the context o its own knowledge o the acts o this case. Deendants contend that the attorneys' ees provision d...
2024.02.13 Demurrer to FACC, Motion for Partition by Sale 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.13
Excerpt: ...plainant Bernice Turner's operative First Amended Cross-Complaint (“FACC”) alleges three causes of action against Cross-Defendants, including Cross-Defendant Mortgage Lender Services, Inc. (“MLS”): (1) negligent misrepresentation, (2) negligence, and (3) unfair business practices. MLS demurs to all three causes of action on grounds of failure to state a claim. A demurrer tests the legal su¯iciency of the pleadings, raising issues of law...
2024.02.13 Demurrer 426
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.13
Excerpt: ...ition for Writ of Mandate of Plainti¯/Petitioner City of Millbrae (“Millbrae”) is ruled on as follows: In making this ruling, the Court has also reviewed the response Þled on behalf of Interested Party Yes In My Back Yard. Demurrer to the Fourth Cause of Action for Injunctive Relief is SUSTAINED WITHOUT LEAVE TO AMEND. As the Court previously found in denying Millbrae's request for a preliminary injunction, Millbrae's lawsuit is a validati...
2024.02.06 Demurrer, Motion to Strike 190
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.06
Excerpt: ...epresenting him in this action—he is representing himself. Pursuant to the law, it is improper for a non-attorney to represent another in litigation. (Bus. & Prof. Code, § 6125 [“No person shall practice law in California unless the person is an active licensee of the State Bar.”]; Birbrower, Montalbano, Condon & Frank v. Superior Court (1998) 17 Cal.4th 119, 128-130 [interpreting section 6125 regarding the practice of law in California]; ...
2024.02.06 Motion for Attorney Fees 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.06
Excerpt: ...issuing a comprehensive tentative ruling held a hearing on plainti¯s/petitioners' motion for attorneys' fees pursuant to Code of Civil Procedure section 1021.5, which the court granted in part. The court deleted some fees, reduced the hourly fees for some work, and allocated certain fees between the parties. After the hearing, the parties were to meet and confer on these issues and plainti¯s were to submit to the court a proposed order showin...
2024.02.06 Motion for New Trial 974
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.06
Excerpt: ...d September 28, 2023. Plainti¯ was on the stand for about a day. On November 17, 2023, the court issued a Tentative Decision and Proposed Statement of Decision Þnding in favor of defendant and against plainti¯ on her a¯irmative claims and denying defendant restitution based on unjust enrichment on his a¯irmative claim. The court did not believe that oral argument was necessary and no party requested oral argument. On November 30, 2023, t...
2024.01.30 Motion to Strike Claim and Prayer for Punitive Damages 073
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.30
Excerpt: ...reof pursuant to Code of Civil Procedure section 435, subsection (b)(1). Such a motion may be made to strike out any irrelevant, false, or improper matter inserted in any pleading, or to strike out all or any part of any pleading not drawn or Þled in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc., §436.) For an allegation of punitive damages to survive a motion to strike, the pleading must alleg...
2024.01.30 Motion for Preliminary Approval of Class Action and PAGA Settlement 986
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.30
Excerpt: ... Class Action and PAGA Settlement provided the parties address the court's ollowing concerns. The Response Deadline shall be 60- days rom initial mailing or re-mailing and opt out, dispute over workweek calculations, or objections shall be postmarked by this deadline. The proposed Settlement Administrator, Phoenix Settlement Administrators, shall Þle a declaration o its qualiÞcations to administer the settlement. The parties shall select a ...
2024.01.23 Demurrer, Motion to Strike 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.23
Excerpt: ...nding The demurrer to the first through third causes of action for lack of standing is sustained. The first cause of action (negligent misrepresentation) alleges that Cross- defendant made false representations in order to avoid the protections afforded a mortgage loan borrower under Civil Code section 2923.5. (FACC 64.) The second cause of action (negligence) alleges that Crossdefendant violated the Truth in Lending Act, the Real Estate Settleme...
2024.01.23 Demurrer, Motion to Strike 641
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.23
Excerpt: ...r to demonstrate that the arguments that defendants County of San Mateo, Child Protectve Services of San Mateo, and Children and Family Services of County of San Mateo's (collectively County) make apply to them. Defendant County's arguments regarding the Bane Act, however, apply equally to the Navarras. However, the court's own research shows that the Navarras are not in the same position as the County. (Health & Saf. Code, S 1527.6, subd. (d)(l)...
2024.01.16 Motion to Seal Portions of Certain Exhibits, for Summary Adjudication, Reconsideration 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.16
Excerpt: ...judication. One motion is scheduled for January 16, 2024 and one motion is scheduled for January 30, 2024. The court advances the January 30, 2024 moton to January 16, 2024. Defendant has previously brought motions to seal, which the court has granted without objection. Similarly, in these two motions to seal, defendant seeks to seal private information about former and current employees and confidential business information. For the same reason ...
2024.01.16 Motion to Compel Deposition, for Terminating Sanctions 763
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.16
Excerpt: ...nd she has not opposed the motion. On September 7, 2021, plaintiff, who was then represented by counsel, filed her complaint. On June 27, 2022, her counsel filed a motion to be relieved of counsel based upon the fact he was unable to communicate with her and she had been non- responsive. Plaintiff failed to oppose the motion, which motion the court granted on August 16, 2022. On September 16, 2022, plaintiff's former counsel provided notice of en...
2024.01.16 Demurrer, Motion to Strike TAC 172
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.16
Excerpt: ...n Haskell shall file their answer(s) pursuant to the Code of Civil Procedure and California Rules of Court. The court notes that on October 10, 2023, in ruling on the prior demurrer, the court stated that the action was still classified as an unlawful detainer action and, if plaintiff wanted to reclassify the action because it had possession of the property, it must take action to have the case reclassified. Plaintiff has not moved to reclassify ...
2024.01.16 Demurrer, Motion to Strike 190
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.16
Excerpt: ...rrer, 4:7-18.) In order to prevail on a cause of action for breach of contract, a plaintiff must prove (1) the contract, (2) the plaintiffs performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff( Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Existence of Contract Plaintiff and defendant jointly purchased the property located at 1326 Kentfield Ave, Redwood City, ...
2024.01.09 Motion for Reconsideration 395
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...e the Clerk's Judgments and Set a New Trial (motions to vacate). Plaintiffs and third-party California Department of Industrial Relations, Division of Labor Standards Enforcement, Labor Commissioner object. Initially, the court notes that Manalo has provided the improper address for the hearing. Department 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Department G, 800 North Humboldt St„ San Mateo...
2024.01.09 Demurrer to FAC 439
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...een the parties. (Code of Civ. Proc., S 452; Saxer v. Philip Morris Inc. (1975) 54 Cal.App.3d 7, 18.) The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not contentions, deductions or conclusions of fact or aw). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 952, 966-967.) The court grants defendant's request for judicial notice. ((Lockhartv. MVM, Inc. (2009) 175 Cal.App.4th 1452, 1460 [ju...
2024.01.09 Motion for Leave to File Amended Complaint 499
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...ntral Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the Notice "must specify" the location of the hearing].) Since defendant is in pro per, plaintiffs are to contact defendant by 4:00 p.m. on January 8, 2024 to provide him with the proper location for the hearing. Zoom appearances are allowed. The court also notes that plaintiff's motion does not comply with the requirements of Calif...
2024.01.09 Motion to Continue Trial, for Judgment Notwithstanding the Verdict 791
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...8:104, 18:106 (Oct. 2023 update).) On November 30, 2023, defendants timely filed a notice of intention to move for a new trial which lists six grounds for a new trial: "1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. 2. Accident or surprise, which ordinary prudence could not have guarded against. 3. Newly discover...
2024.01.09 Motion to Compel Responses 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...ARY 9, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY S, 2024 HEARING. PLAINTIFF PROVIDED NOTICE THAT HE IS CONTESTING ON JANUARY 1, 2024. The instant action turns on Plaintiff's allegations surrounding a motor vehicle crash and the resultant injuries Plaintiff suffered. Defendant now moves to compel responses to the thirteen re...
2024.01.09 Motion to Continue Trial 035
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...of service of the Order Shortening Time ("OST") as ordered. However, Defendants filed a substantive opposition, and do not raise any issue regarding Plaintiff's failure to serve the OST. Therefore, it appears Defendants received adequate notice of this Motion and the OST. Plaintiff is reminded to comply with such service requirements in the future or else the Court may be inclined to deny the Motion for failure to establish proper service. "The c...
2024.01.09 Motion to Tax Costs 522
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...ES BY 4:00 P.M. ON FRIDAY, DECEMBER 29, 2023, BUT THE ORAL ARGUMENT WILL BE JANUARY S, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of Plaintiffs/cross- Defendants Thomas Robert arouchoud and Lynda Elaine Flores arouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Tru...
2024.01.09 Motion to Compel Responses, Further Responses 534
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...y Fried shall provide further responses to Special Interrogatories, Set Three, nos. 35, 37, 38 (partial) and 42 and Requests for Production, Set Three, nos. 17, 19, and 22 no later than February 6, 2024. Plaintiff Daniel Jay Fried shall produce all documents responsive to Requests for Production, Set Three, nos. 17, 19, and 22 no later than February 6, 2024. As a preliminary matter, this motion was previously set to be heard on December 19, 2023....
2024.01.02 Motion to Tax Costs 522
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.02
Excerpt: .... IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of plaintiffs/Cross-Defendants Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Trust Dated August 27, 2004 ("Plaintiffs") to Tax the Costs Memorandum by Defendants/crosscomplainants Aldo L. Milani, Paul M. Hunter, L...
2024.01.02 Motion to Compel Compliance 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.02
Excerpt: ... TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The instant action turns on Plaintiff's allegations surrounding a motor vehicle crash and the resultant injuries Plaintiff suffered. Defendant now moves to compel responses to the thirteen requests for production that make up Defendant's Request for Production of Books, Documents, and Other Things, Set Two. (Ex. A to Notice of Motion Compelling Compliance under Code of Civil Procedure sec...
2023.12.19 Motion for Judgment on the Pleadings 303
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...e regular law and motion calendar, if the court determines that the parties need more time for argument, the court will set another hearing for further briefing. One party has called Department 4 about a power point presentation and, if time allows, the court has no objection to such a presentation. Defendants seek judgment on the pleadings. By stipulation, the parties agreed that this motion is the "proper procedural vehicle to resolve the issue...
2023.12.19 Demurrer, Motion to Strike 479
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ... many of its vehicles, including a vehicle sold to Plaintiff, thereby fraudulent concealing a material defect in the vehicles and putting Plaintiff and other consumers at increased risk. AHM demurs to the second cause of action in the Complaint, fraudulent concealment, on the following grounds: (1) failure to state a cause of action because Plaintiff has not adequately alleged that AHM owed Plaintiff a duty of disclosure; (2) uncertainty, unintel...
2023.12.19 Demurrer 128
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...cause of action and are uncertain. (Notice at p. 2 citing Code Civ. Proc., S 430.10, subd. (e),(f).) The court agrees. The court first notes that the proofs of service ("POS") of defendant's demurrer, supporting documents and reply do not include plaintiff's zip code although plaintiff includes it in the complaint and the zip code is in the court file. The United States Post Office explains that zip code delays delivery. (https://faq.usps.com/s/a...
2023.12.19 Motion for Judgment on the Pleadings 536
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...location of the hearing].) The parties should be aware that the Hon. Nancy L. Fineman, Department 4 is located at the Central Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401. The court provided this information to the parties through the tentative ruling for the April 4, 2023 hearing and the hearing's minutes. Defense counsel is ordered to contact plaintiff by 4:00 p.m. on Monday, December 18, 2023 to provide the proper loca...
2023.12.19 Motion for Leave to Amend Complaint 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...ourt repeats the tentatve issued on December 11, 2023: The court rules on plaintiff Delma Jefferson's motion for leave to file an amended complaint (Plaintiff moves to file a "Second" Amended Complaint, but the record shows that no First Amended Complaint is on file) as follows: Defendant Brayan Perez properly objects that plaintiff failed to provide proper notice yet also responded substantively on the merits. A defendant who does not receive pr...
2023.12.19 Motion to Strike Supplemental Expert Designation, for Monetary Sanctions 534
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...y sanctions against plaintiff Daniel Jay Fried's counsel and the court GRANTS plaintiff Daniel Jay Fried's motion for leave to augment his expert designation on the following conditions: (1) Joseph R. Pohlot be made available no later than January 3, 2024 and plaintiff pay the cost for an expediated deposition transcript (responsible only for the cost associated with the expediated amount); (2) defendant may designate its own expert economist no ...
2023.12.12 Motion to Quash Service of Summons, Demurrer 159
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ...ss-Defendants Route Advisors, Miriam Liang, and Joe Liang. (Code Civ. Proc., S 418.10.) Route Advisors and the Liangs did not waive the right to challenge personal jurisdiction. Crosscomplainants ZRa',' Transportation, Inc. and Araceli Avellaneda argue that by filing a demurrer together with a motion to quash service of Summons, Route Advisors and the Liangs have made a general appearance, and thus have waived the right to challenge personal juri...
2023.12.12 Motion to Enforce Settlement 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ...PEAR (Zoom appearance is acceptable), and if possible, their clients should be available for consultation. By ex parte application, the court put this motion on calendar on shortened time. Due to Judge Fineman's mistake, she put the date for opposition as the date of the hearing. The court appreciates counsel for defendants Yafei Liu, Chao Liu and Zhiying Qui (collectively opposing defendants) filing their opposition on December 5, 2023. If any o...
2023.12.12 Motion for Summary Judgment, Adjudication 843
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ...ded to the Court, preferably at the time that the notice of motion and other motion papers are filed. At the outset, the Court is hard-pressed to evaluate the merits of the motion without first being able to determine that service was proper, as service and notice are so fundamental to concepts of due process as to be deemed jurisdictional in nature. (Oats v. Oats (1983) 148 Cal.App.3d 416, 420.) Plaintiff's opposition brief rests solely on the i...
2023.12.12 Motion for Leave to Amend Complaint 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ...motion for leave to file an amended complaint (Plaintiff moves to file a "Second" Amended Complaint, but the record shows that no First Amended Complaint is on file) as follows: Defendant Brayan Perez properly objects that plaintiff failed to provide proper notice yet also responded substantively on the merits. A defendant who does not receive proper notice is in a difficult position. (Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1267-1268 [dis...
2023.12.12 Motion for Discharge, for Reasonable Attorney Fees 550
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ... Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1126.) First, the court determines whether plaintiff may bring the action and force the claimants to interplead. (ld. at pp. 1126-1127.) Second, if it is so determined, then the court discharges plaintiff and then determines the rights of the various claimants to the property deposited with the court. (ld. at p. 1127.) In this case, Plaintiff has not demonstrated that all Defendants have answered ...
2023.12.12 Demurrers 933
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ..., and DENIES the request as to Exhibit 2. The court notes that the notice to the demurrer is not signed, plaintiff does not object and the court finds the error nonconsequential. Counsel though is reminded to make sure that all pleadings are signed. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of action under any legal theory...
2023.12.12 Demurrer, Motion to Strike 167
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ...bitration Provision) (RJN, Ex. A); (2) Costco Member Offer Program 4Q 2020 Incentive, Customer - Dealer Agreement and Pricing Sheet (Ex. B); and (3) 2020 Traverse FWD LS Vehicle Window Label ("Monroney Sticker") (Ex. C). (Evid. Code S 452, subd. (h).) None of the requested documents are referred to in the Complaint. (Contra RJN, p. 1:12-16 (citing to Complaint "1 14, 16, 48, 51, 53, 59, 61—62, 65, 71, 91, 109, 113).) The Court finds distinguish...
2023.12.12 Demurrer to FAC 691
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ... As a preliminary matter, the First Amended Complaint (the "FAC") included a fourth cause of action for civil conspiracy in violation of the Court's order granting leave to amend. The cause of action was not included in the prior Complaint, and Gibbs was given leave to amend only to assert a personal claim for damages identified in the Complaint's first three causes of acton. (Aug. 22, 2023 Order.) While the fourth cause of action is therefore su...
2023.12.05 Motion to Seal, to Enforce Settlement 485
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.05
Excerpt: ... ADOPTED AT THE DECEMBER 5, 2023 HEARING. Defendant uber Technologies, Inc.'s ("Uber") Motion to Seal, filed 10-20-23, is GRANTED. (Cal. Rules of Court ["CRC"], Rules 2.550(d); 2.551). Uber's Motion seeks to seal the following two documents: • Unredacted Declaration of Matthew J. Michelsen in support of Motion to Enforce Settlement (lodged on 10-25-23); unredacted Memorandum of Points and Authorities in support of Motion to Enforce Settlement (...
2023.12.05 Motion to Compel Further Responses, for Monetary Sanctions, to Permit Discovery of Financial Condition 275
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.05
Excerpt: ...TING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, NOVEMBER 27, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO DECEMBER 5, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE DECENBER 5, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 28, 2023. PLAINTIFF PROVIDED NOTICE THAT HE IS CONTESTING. Plaintiff's Mohon to Compel Further Resp...

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