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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 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 ...
2024.06.11 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...
2024.06.04 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 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...
2024.05.28 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 ...
2024.05.21 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...
2024.05.21 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 ...
2024.05.14 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...

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