Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

697 Results

Clear Search Parameters x
Location: San Mateo x
Judge: Fineman, Nancy L x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 242)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 518)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 250,25
Array
(
)
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 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...
2022.10.11 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...
2022.10.04 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 Demurrer to FAC 148
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...icable statute of limitations. According to Defendant, A refinance occurred on May 16, 2001 (Ex. 2) which is the same date that the Grant Deed conveying the Daly City Property to Joe and Defendant was recorded. If Plaintiff's allegation is correct, when the refinance was completed on May 16, 2001, Defendant was obligated to transfer back the property starting on May 17, 2001 and his failure to do so would be a breach of the (alleged) oral agreeme...
2022.09.27 Demurrer 895
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...e of entry of the Court's order. The First Amended Complaint (the “FAC”) sets forth two causes of action for invasion of privacy by portrayal in a false light. According to the allegations of the FAC, Plaintiff is a former employee of Defendant California Casualty Management Company (“CCMC”). (FAC., p. 4.) On March 31, 2022, CCMC and its officer, Defendant Robert Nicolay, eliminated Plaintiff's position and terminated Plaintiff's employme...
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...
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 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...
2022.09.20 Special Motion to Strike Complaint 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.20
Excerpt: ...efendant 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 protect defendants from meritless lawsuits that might chill the exercise of their rights to speak and petition on matters of public concern. (Bonni v. St. Joseph Health Sys. (2021) 11 Cal.5th 995, ...
2022.09.20 Motion to Strike 385
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.20
Excerpt: ...t Amended Complaint (FAC) filed on April 1, 2022 in the federal court case, is DENIED. Code Civ. Proc. Sect. 436; Civ. Code Sect. 3294. A party seeking punitive damages under Civ. Code Sect. 3294 must show, by clear and convincing evidence, that defendant is guilty of fraud, malice, or oppression. Civ. Code Sect. 3294(a). An employer may be liable for punitive damages based upon acts of an employee where the employer either had advance knowledge ...
2022.09.20 Motion for Protective Order, to Compel Responses, for Sanctions 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.20
Excerpt: ...EPOSITION AND FOR SANCTIONS TENTATIVE RULING: Plaintiffs Pacific Diversified Investments, LLC's, Texas Sugar North, LLC's, Texas Dove Cove, LLC's, Texas Cedar Ridge, LLC's, and Texas Brick Maze, LLC's Motion for Protective Order and Order Compelling Appearances for Deposition and Responses to Discovery is GRANTED in part and DENIED in part. Plaintiffs seek (1) a protective order precluding Defendant Ramson Mumba from testifying or presenting evid...
2022.09.20 Demurrer 894
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.20
Excerpt: ...lleged in the First Amended Complaint: (1) that these claims fail as a matter of law because the statements are not false; (2) that the alleged statements are protected by the common interest privilege under Civil Code section 47(c); and (3) that Plaintiff cannot plead special damages because the alleged special damages were caused by an unrelated event as conceded by Plaintiff's separate false light complaint. First, Defendants argue that these ...
2022.09.20 Demurrer 385
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.20
Excerpt: ...ff's First Amended Complaint (FAC), which was filed on April 1, 2022 in the federal district court case, SUSTAINED‐IN‐PART and OVERRULED‐IN‐PART, as set forth below. Plaintiff's 19‐page Opposition brief violates CRC 3.1113 (imposing 15‐page limit). In its discretion, the Court has reviewed and considered the excess pages. However, if Plaintiff violates page limitations going forward, the Court may strike Plaintiff's papers. Defendants...
2022.09.13 Motion to Consolidate Related Cases 257
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.13
Excerpt: ...Stephen Estrella v. City of South San Francisco Code Enforcement, et al., Case No. 20CIV05257 (“Estrella”) and Norguard Insurance Co. v. CSG Consultants, Inc., et al., Case No. 22CIV00080 (“Norguard”)—both arise from an incident on January 23, 2020, in which Sean Flanagan allegedly ran over and injured Stephen Estrella's foot. Estrella initiated the Estrella matter on November 24, 2020, and filed his First Amended Complaint on December ...
2022.09.13 Motion to Consolidate and Set Trial 080
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.13
Excerpt: ...all parties received notice of the motion and therefore, the Court decides the motion on the merits. The two cases—Stephen Estrella v. City of South San Francisco Code Enforcement, et al., Case No. 20CIV05257 (“Estrella”) and Norguard Insurance Co. v. CSG Consultants, Inc., et al., Case No. 22CIV00080 (“Norguard”)—both arise from an incident on January 23, 2020, in which Sean Flanagan allegedly ran over and injured Stephen Estrella's ...
2022.09.13 Motion for Judgment on the Pleadings 510
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.13
Excerpt: ...dure. § 438(c)(1)(B)(ii),(h)(2). Defendants' Request for Judicial Notice is GRANTED pursuant to Evidence Code §452(d). A cause of action for defamation is established by showing the intentional publication of a statement of fact which is false, unprivileged, and has a natural tendency to injure or which causes special damage. Gilbert v. Sykes, 147 Cal.App.4th 13, 27, citing Ringler Associates Inc. v. Maryland Casualty Co. (2000) 80 Cal.App.4th ...
2022.09.13 Demurrers 997
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.13
Excerpt: ...This action has been consolidated with San Mateo Superior Court Case no. 21CIV05618. (See Order filed July 6, 2022 in this action.) As such, all future documents for both actions are to be filed only in this lead action (21CIV02997). The Court notes that this Demurrer was filed in 21CIV05618 prior to the Court's Order granting consolidation. (2) Demurrer to the Second Cause of Action for Negligence and Fourth Cause of Action for Negligent Inflict...
2022.09.13 Application for Disposition of Proceeds of Sale, for Payment and Discharge of Referee 627
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.13
Excerpt: ...e Civ. Proc. Sect. 873.810 et. seq. As discussed below, the Court requests that the Referee prepare a revised, proposed distribution of the sale proceeds, consistent with this Order. This Court has been the single‐assigned judge in this case since December 14, 2020. It has no personal knowledge of the activities in the case before that time, but in the course of its duties has become familiar with the facts and issues in this case. Brief backgr...
2022.09.06 Motion for Protective Order 474
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.06
Excerpt: ... opposition was served. If any party has any objections to the Court considering Plaintiffs' opposition, the party shall properly contest the tentative and appear at the hearing. Cross‐Defendant County of San Mateo's motion to stay discovery as to all parties is GRANTED in part and DENIED in part for the reasons set forth below. The County filed the present motion after Defendant Blair filed his motion for a protective order or, in the alternat...
2022.09.06 Motion for New Trial 525
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.06
Excerpt: ...error in law, occurring at the trial and excepted to by the party making the application. (Code of Civ. Proc. § 657(6) & (7).) (Notice of Intent to Move for New Trial at 1.) A. The Order Granting Summary Judgment Was Not Against Law. A verdict or order is against law “only if it was ‘unsupported by any substantial evidence . . . .'” (Fergus v. Songer (2007) 150 Cal.App.4th 552, 567.) Defendant's motion does not argue that Plaintiff's evide...

697 Results

Per page

Pages