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2022.11.15 OSC Re Preliminary Injunction 439
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.15
Excerpt: ...ton Ave., Belmont, Ca., is GRANTED‐IN‐PART and DENIED‐IN‐PART. The Application is GRANTED as to Parcel Nos. 043‐ 102‐170, 043‐102‐260, 043‐102‐270, and DENIED as to Parcel No. 043‐ 102‐180. Pending resolution of this case or until further Order from the Court, Defendants are HEREBY ENJOINED from conducting a foreclosure sale of Parcel Nos. 043‐102‐170, 043‐102‐260, 043‐102‐270. Background. The following facts a...
2022.11.15 Motion to Compel Further Responses 997
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.15
Excerpt: ...compelling further responses to an interrogatory if “[a]n answer to a particular interrogatory is evasive or incomplete.” (Code of Civ. Proc., § 2030.300, subd. (a).) By this Motion, the State of California (the “State”) seeks to compel a further response from Darkhan Bylkylov (“Bylkylov”) to Form Interrogatory No. 17.1 propounded in its second set of form interrogatories. The interrogatory requests, inter alia, that Bylkylov provide...
2022.11.15 Motion for Judgment on the Pleadings 375
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.15
Excerpt: ...nstitute a defense to the complaint.” (Code of Civ. Proc. Section 438, subd. (c)(1).) The motion fails to make that showing. A. For Judgment on the Pleadings, a General Denial Overcomes a Properly Pleaded Complaint. The Judicial Council Form Complaint sufficiently pleads common counts for account stated, goods sold and delivered, money lent, and money paid. The next question is whether the Answer controverts the Complaint's allegations. Defenda...
2022.11.08 Motion to Compel IME 562
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.08
Excerpt: ...(1990) 224 Cal.App.3d 1249, 1254–55 (additional IME's permitted upon showing of good cause). Plaintiff alleges that during a 2017 pickup volleyball game at Stanford University, Defendant picked Plaintiff up and accidentally dropped Plaintiff on the top of her head, causing Plaintiff severe injuries, including traumatic brain injury, concussion, jaw fracture, and osteomyelitis in her jaw (a bone infection). Since the 2017 incident, Plaintiff has...
2022.11.08 Motion for Summary Adjudication 800
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.08
Excerpt: ...ve, for Summary Adjudication of the question of whether the Option Agreement between the parties was a loan.”]; see also Defendant's Memorandum.) However, the Court previously denied Defendant's motion for summary judgment to this same cause of action after Defendant argued that the Option Agreement was not a loan. (See Order filed July 18, 2022.) The Court found that a triable issue of material fact existed as to whether the transaction betwee...
2022.11.08 Motion for Clarification and Reconsideration 714
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.08
Excerpt: ...on. Jamie Jacobs‐May (ret.). No hearing was required. (Marathon Nat. Bank v. Sup. Ct. (1993) 19 Cal.App.4th 1256, 1258.) A reconsideration motion must be "based upon new or different facts, circumstances, or law" and a valid reason for not presenting them earlier. (CCP SEC 1008; Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500.) Plaintiff makes none of these showings. Rather, Judge Jacobs‐ May's 21‐page report makes clear that the obj...
2022.11.08 Demurrer 976
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.08
Excerpt: ...ly pleads assignment from West Builders, Inc. to Museum Plaza LLC on its first two pages. Overruled. Second/Third, other parties may be found culpable with Steadfast. Thus, equitable indemnity and contribution claims are appropriate at the pleading stage. Further, as shown by CCP 877, culpability may be spread among a mix of tortfeasors and contract obligors. Overruled. Fourth, an insurer and insured have a "special relationship," but the insurer...
2022.11.01 Special Motion to Strike 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.01
Excerpt: ...9, 2022 from Defendant to the Commission on Judicial Performance, which was not served on Plaintiff. The referenced attachments were not enclosed. The special motion to strike, filed by Cross‐defendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐complaint and each cause of action. Code of Civil Procedure section 425.16, the anti‐SLAPP statute (“strategic lawsuit against public participation”), is designed to pr...
2022.11.01 Motion to Compel Responses 310
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.01
Excerpt: ...ate steps to have the original Brotman Declaration removed from the Court file and replaced by a redacted copy. Even if Plaintiff does not believe that the document contains confidential information, she may not file documents designated by Defendant in the public court file. The Supreme Court has instructed trial courts to use the following framework in deciding discovery disputes that involve the privacy rights: The state Constitution expressly...
2022.11.01 Demurrer to TAC 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.01
Excerpt: ...S OF ACTION Any Defendant, if the required meet‐and‐confer is unsuccessful, may challenge any new cause of action asserted in the Third Amended Complaint by subsequent motion/demurrer. JOINDER The joinder by Yafei Luu, Chao Liu, and Zhiying Qiu is GRANTED. DEMURRER ON FAILURE TO JOIN INDISPENSIBLE PARTIES Nianshun Construction Co., Ltd. has now been added as a plaintiff. Therefore, Defendants' argument that there is a failure to join it as an...
2022.10.25 Proposed Judgment and Peremptory Writ of Mandate 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.25
Excerpt: ...als. In entering a judgment, the Court must find in favor of one party. Kosta, Practice Under the California Environmental Quality Act §§ 23.117 et seq. The Court finds that Plaintiffs are the prevailing party and judgment should be entered in their favor. This finding includes taking into consideration that the parties have stipulated to dismiss the second cause of action. Plaintiffs and respondent City of Pacifica apparently agree that the Co...
2022.10.25 Demurrer to FAC 632
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.25
Excerpt: ...��) demurs to the First Amended Complaint (the “FAC”) and each cause of action therein on the grounds of (1) uncertainty and (2) failure to state facts sufficient to constitute a cause of action. As a preliminary matter, Defendant did not offer any argument or authority regarding any uncertainty in the FAC, and thus the Court overrules the portion of the demurrer made on those grounds. (See Quantum Cooking Concepts, Inc. v LV Assocs., Inc. (2...
2022.10.18 Motion to Compel Depositions, for Sanctions 495
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.18
Excerpt: ... a duty to meet‐and‐confer in good faith. “The statute requires that there be a serious effort at negotiation and informal resolution. . . . Argument is not the same as informal negotiation; that attempting informal resolution means more than the mere attempt by the discovery proponent to persuade the objector of the error of his [or her] ways; and that a reasonable and good faith attempt at informal resolution entails something more than b...
2022.10.18 Motion to Apportion Costs of Partition 359
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.18
Excerpt: ...pon the facts of this case. Costs of partition include “[r]easonable attorney's fees incurred or paid by a party for the common benefit.” (Code of Civ. Proc. § 874.010(a).) The Court can award attorneys' fees to a defendant who opposes partition. (Orien v. Lutz (2017) 16 Cal.App.5th 957, 967 citing Riley v. Turpin (1960) 53 Cal.2d 598, 601‐603.) The motion is properly brought post‐judgment. (Code of Civ. Proc. §§ 874.010, 1033.5(b).) P...
2022.10.11 Motion for Summary Adjudication 241
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.11
Excerpt: ...intiff must prove (1) the contract, (2) the plaintiff's 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.) Plaintiffs claim that Defendant is entitled to a credit in the amount of $31,259.16 for payments and the security deposit. (Plaintiffs' Sep. Statement of Undisputed Material Facts (“PSSUMF”) no. 12....
2022.10.11 Motion for Preliminary Approval of Class Action Settlement and Conditional Certification of Proposed Settlement Class 141
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.11
Excerpt: ...nt that ultimately could be granted approval by this Court at the final fairness hearing. Plaintiff's counsel is experienced in class litigation, the case was vigorously contested by Defendants and their experienced counsel, the settlement was reached after a mediation with an experienced mediator, and Plaintiff's counsel has provided a detailed analysis of each claim, including the strengths and weaknesses. The Court would like a further explana...
2022.10.11 Motion for Change of Venue 713
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.11
Excerpt: ...brought against the authority shall be brought in a court of competent jurisdiction in the County of Sacramento.” Plaintiff opposes the motion on the grounds that venue is proper in San Mateo County pursuant to Code of Civil Procedure § 1250.020, which provides that, with respect to actions for eminent domain, “the proceeding shall be commenced in the county in which the property sought to be taken is located,” except “When property soug...
2022.10.11 Motion for Attorney Fees 345
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.11
Excerpt: ...onco Re Corporation, a California Corporation; and Bre Cameron Creek, LLC, an Arizona Limited Liability Company (the “Fair Defendants”) is ruled upon as follows: This case was assigned to the Hon. Nancy L. Fineman due to the retirement of the judge who originally decided the SLAPP motion. As directed by the Court of Appeal in Case No. A160098, the Fair Defendants are entitled to their reasonable attorneys' fees and costs. A “prevailing defe...
2022.10.11 Demurrer 183
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.11
Excerpt: ...order this matter off calendar for noncompliance, the Court exercises its discretion to address the demurrer on the merits. The demurrer filed by MidFirst Bank is OVERRULED in its entirety. This Court believes, especially when the issue is one of law “that the integrity of the judicial process requires … [the Court] to subject every motion to review before granting it.” California Judge's Benchbook: Civil Proceedings Before Trial § 6.21 (T...
2022.10.04 Petition to Reduce Voting Requirements and Approve Amendments 125
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.04
Excerpt: ...is as follows: Petitioner Broadway West Owner's Association's (“Association”) “Petition to Reduce Voting Requirements and Approve Amendments to the Restated Declaration (Civ. Code Sect. 4275),” filed Aug. 2, 2022, is GRANTED, conditioned on correction of the typographical error in the “First Amendment,” noted below. Factual background. Petitioner is a Homeowner's Association (HOA) for an 18‐unit Condominium complex in Burlingame, Ca...
2022.10.04 Motion to Quash Subpoena 188
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.04
Excerpt: ...h November 18, 2022. This case has been assigned to the Hon. Nancy L. Fineman for all purposes and she must be the one to try the case. Accordingly, the Court VACATES the October 19, 2022 Trial and October 11, 2022 Pretrial Conference. The Court sets a Trial Setting and Case Management Conference for December 6, 2022 at 9:30 a.m. The parties are to file a Joint Case Management Conference Statement by November 29, 2022 with a trial plan, which inc...
2022.10.04 Motion for Terminating Sanctions for Discovery Misuse and Disobeying Court Orders 160
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.04
Excerpt: ...th the Court's previous orders, failure to oppose discovery motions, and refusal to appear at scheduled hearings and conference evidences his abandonment of his case and demonstrates that no lesser sanction would be effective. FACTUAL BACKGROUND Plaintiff initiated this case on April 14, 2021, and served Defendant with the summons on April 28, 2021. (April 14, 2021 Complaint; May 3, 2021 Proof of Service of Summons.) Defendant promptly served wri...
2022.09.27 Motion to Contest Good Faith Settlement 014
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...t, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499‐ 500. Factual background. This case arises from a Feb. 22, 2019 auto accident near the Dumbarton Bridge in Menlo Park. As described by the parties, after Plaintiff Perry Kim Robinson's vehicle broke down, defendant CalTrans had Plaintiff's vehicle towed to a location on University Ave. in Menlo Park, near the intersection of University Ave. and Bayfront Expressway. Plaintiff all...
2022.09.27 Motion to Compel Further Responses, for Sanctions 482
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...rises out of alleged abuse suffered by Plaintiff and other students and perpetrated by Dinorah Ethel Molina, a teacher at a middle school within the defendant school district. By this Motion, Plaintiff seeks to compel Defendant's further responses to the first set of each of her Form Interrogatories, Requests for Production, and Requests for Admission. The parties should have been able to resolve many of these issues without the need for Court in...
2022.09.27 Demurrers to FAC 922
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...hird, and Ninth COA's in Plaintiff's FAC are OVERRULED. The Court in its discretion has considered Plaintiff's late‐filed Opposition. Nuffer's and Callinan's Demurrers Defendants Nuffer and Callinan argue that COA's 5‐7 in Plaintiff's FAC do not allege sufficient facts regarding the demurring Defendants' personal liability under the applicable Labor Code sections to support the causes of action at issue. In ruling on a demurrer, the Court acc...

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