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2020.10.09 Demurrer 572
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.10.09
Excerpt: ...nt's Breach of Fiduciary Duty is DROPPED. Although these claims fail to specify against which defendants they are brought, Plaintiffs state that they are not alleged against Defendant. (2) Demurrer to the Second Cause of Action for Nuisance is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to state facts sufficient to support this claim. Plaintiffs concede that this claim was inadvertently pled against Defendant, and only intended to be pled a...
2020.10.08 Demurrer 363
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.10.08
Excerpt: ...h below. Gramercy demurs to the Petition on the grounds that the Petition is untimely, as it was not filed within ninety (90) days of the Labor Commissioner's final determination denying Petitioner Jordan Siliato's 2011 retaliation and wrongful termination claim against Gramercy, as required under CCP § 1094.6. Petitioner does not dispute that he did not file his Petition within 90 days; indeed, Petitioner concedes he filed his Petition more tha...
2020.10.07 Motion for Summary Judgment 959
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.10.07
Excerpt: ...As to other UMF, see UMF 21, 23, 26, 27, 28, Plaintiffs disputes based upon objections, but does not formally make an objection and provides reference to evidence. Therefore, the Court does not formally rule on the objections. Defendants' Motion for Summary Judgment is DENIED. This is a medical malpractice action where Plaintiff contends that defendant Tsuchiyose breached the standard of care in treatment of Plaintiff after a colonoscopy procedur...
2020.10.07 Demurrer 558
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.10.07
Excerpt: ...FACC”) as follows: FALSE LIGHT On the Claim for False Light, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. Symphony, as a limited liability company, does not have standing to bring a false light cause of action. Coulter v. Bank of Am. (1994) 28 Cal.App.4th 923, 930; Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 878 (“[T]he tort [of false light] is of a personal character ‘concern(ing) one's feelings and one's own peace of mind.'...
2020.10.06 Demurrer 020
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.10.06
Excerpt: ...ocedure § 430.60; California Rule of Court Rule 3.1320(a). Despite the procedural defect, the Court considers the substance of the demurrer. A demurrer only challenges defects that appear on the face of the pleading, or in matters outside the pleading that are subject to judicial notice. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. No other extrinsic evidence can be considered. Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881 (error for c...
2020.10.05 Motion to Strike 247
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.10.05
Excerpt: ...s an Unlimited Civil Case. The Court's docket has the case as a limited civil case and on the caption page of their reply brief, filed September 28, 2020, Defendants state in red on the caption that this case is a Limited Civil Case. For limited civil cases: “Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.” Code of Civil Procedure § 92. The Court does n...
2020.10.05 Motion to Compel Arbitration 720
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.10.05
Excerpt: ... set forth below. Defendant has demonstrated that the parties entered into a valid agreement to arbitrate. Plaintiff does not dispute that a valid arbitration agreement exists that covers the parties' dispute. Plaintiff contends, however, that Defendant has waived the right to arbitrate as a result of Defendant's failure to respond to Plaintiff's arbitration demands. Defendant contends the issue of waiver is appropriately determined by the arbitr...
2020.10.02 Motion to Quash Subpoena 501
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.10.02
Excerpt: ...ployment Records is DENIED‐IN‐PART and GRANTED‐IN‐PART. The Court notes that Defendants failed to file a Separate Statement in compliance with California Rules of Court Rule 3.1345. Nonetheless, the parties have provided sufficient information for the Court to rule on the matter. Plaintiff first contends that the six subpoenas do not comply with the affidavit requirement of C.C.P. section 1985. An affidavit is not required to be included ...
2020.10.02 Motion for Summary Judgment 797
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.10.02
Excerpt: ...ublic utilities vault that was located on a sidewalk owned and controlled by Defendant CITY of South San Francisco. (Complaint ¶ 9.) For the vault cover to constitute a dangerous condition of public property under Government Code section 830, it must be “owned or controlled” by Defendant CITY. Aaitui v. Grande Properties (1994) 29 Cal.App.4th 1369, 1373–77. The undisputed facts demonstrate that the City neither owned nor controlled the vau...
2020.10.01 Motion to Strike 570
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.10.01
Excerpt: ...r Relief seeking punitive damages are HEREBY STRICKEN. “In California there is no separate cause of action for punitive damages.” (McLaughlin v. National Union Fire Ins. Co. (1994) 23 Cal.App.4th 1132, 1164.) Plaintiff therefore cannot allege exemplary damages as a separate cause of action, but rather must seek such damages in connection with an underlying cause of action. Thus, Plaintiff is given leave to amend to allege, if possible, such d...
2020.10.01 Motion for Summary Judgment, Adjudication 585
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.10.01
Excerpt: ...ndant ED 1005 BM, LLC purchased this property, which property is next door to the property at issue in this case located at 621 California Dr., Burlingame. Part of 621 California may be in a picture included in the complaint in the Hatch v. Kantz action. During the course of the litigation, Judge Fineman, at one point, talked to some people who worked at the garage adjacent to Ms. Hatch's home. In addition, during the case, she had communications...
2020.10.01 Demurrer 570
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.10.01
Excerpt: ...cifically argue that that negligence per se is not a recognized cause of action in California. However, in Sierra‐Bay Fed. Land Bank Assn. v. Superior Court (1991) 227 Cal.App.3d 318, 336, the court held that a plaintiff must prove the following four elements in order to establish negligence per se: (1) defendant violated a statute, ordinance or regulation of a public entity, (2) the violation proximately caused his injury, (3) the injury resul...
2020.09.30 Demurrer 936
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.30
Excerpt: ...a cause of action as to either the first or second cause of action alleged. Plaintiff has dismissed the third cause of action. A demurrer is treated as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law. San Diego Hospital Assn. v. Superior Court (1994) 30 Cal.App.4th 8, 12. A defendant may object to a complaint through documents upon which a court may properly take judicial notice. Code ...
2020.09.30 Motion for Summary Judgment, Adjudication 770
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.30
Excerpt: ...ic service address for counsel being served. The Court cannot determine from the moving papers and the Proof of Service, filed 6‐30‐20, whether Plaintiff confirmed that the email address at which it served the motion on Defendant's counsel was the appropriate email address. If Plaintiff can demonstrate that it confirmed the email address when it served the motion, then the Court rules on Plaintiff's Motion for Summary Judgment or alternativel...
2020.09.30 Motion to Compel Deposition, for Monetary Sanctions 980
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.30
Excerpt: ...e Defendants and Cross‐Complainants' motion to compel cross‐defendant Maha Naber to appear for deposition is GRANTED. Cross‐ def Naber shall appear for deposition with 15 days of service of notice of the court's order. The deposition shall be conducted remotely through Zoom or a comparable platform. CCP §2025.450 provides that if, after service of a deposition notice, a party fails to appear without having served a valid objection under CC...
2020.09.30 Motion to Enforce Settlement, for Recovery Fees and Costs 790
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.30
Excerpt: ... was not served on Plaintiff, and because Defendants' supporting declarations did not include exhibits which were purported to be attached to both. Plaintiff, however, has indicated that he was able to obtain the opposition papers from the Court's website, and Plaintiff has submitted a reply brief. Accordingly, Plaintiff has not demonstrated prejudice from the alleged lack of service of Defendants' opposition. As a result, the Court has considere...
2020.09.30 Motion to Seal Objection to Preliminary Injunction Bond 382
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.30
Excerpt: ...bjection to Preliminary Injunction Bond, PARTIES ARE TO APPEAR WITH PLAINTIFFS TO BE PREPARED TO ADDRESS: (1) It does not appear that a publicly redacted copy of Plaintiffs' ex parte application was filed at the time that the unredacted copy of Plaintiffs' ex parte application was lodged conditionally under seal. (See Cal. Rules of Court (“CRC”) Rule 2.551(b)(5).) If no publicly redacted copy was filed, Plaintiffs should address how the court...
2020.09.28 Demurrer 577
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.28
Excerpt: ...urrently pending), Case No. 19CIV04335, entitled BAPC, LLC v. Todd Vance (case dismissed on 9‐5‐19), and Case No. FAM0120769, entitled Todd Vance and Donna Vance (dissolution action). As set forth in the pleadings in the above‐referenced cases, Bradshaw previously represented Vance as his attorney in Vance's dissolution action, Case No. FAM0120769. Bradshaw later sued Vance to collect allegedly unpaid legal fees in Case No. 19CIV04210. Brad...
2020.09.28 Demurrer 488
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.28
Excerpt: ...��Beverly Act) is SUSTAINED without leave to amend. Generally, the Song‐Beverly Consumer Warranty Act applies to buyers of consumer goods, which are defined as “any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. (Civ. Code § 1971, subd. (a). The only “used” goods within the definition are assistive devices sold at retail. (Id....
2020.09.25 Motion to Compel Binding Arbitration, Stay Matter 725
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.25
Excerpt: ...its May 8, 2020 COVID 19 Emergency Order Regarding Tentative Rulings, Briefing, and Hearings on Pending Matters in the Civil Law and Motion Department. That order contemplates a briefing schedule different than the statutory deadlines. Defendants, however, filed their reply brief pursuant to the statutory deadlines and the Court did not realize that Defendants had filed a reply when it issued its first tentative. The Hon. Nancy L. Fineman apologi...
2020.09.24 Motion for Judgment on the Pleadings 745
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.24
Excerpt: ...e pleadings lies where the Complaint, or the cause of action at issue, “does not state facts sufficient to constitute a cause of action against that defendant.” Code Civ. Proc. § 438(c). As with a demurrer, a motion for judgment on the pleadings must be denied if the allegations state any valid cause of action; it is not necessary that the cause of action be the one intended by plaintiff. Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998)...
2020.09.24 Motion for Dismissal 575
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.24
Excerpt: ...CHA KUANG, GUO MIN LI, ANTHAN WEICHAUN HE, HUA BIN HE, AND LIZI HU TENTATIVE RULING: The motion to enforce Settlement Agreement, filed by Defendants MAStar Professional Corp., Acumentum Penny Lane, Woodland EPA, Jenny Huang, Mingcha Kuang, Guo Min LI, Anthan Weichuan He, Lizi Hue, Hua Bin He, Yung‐Jen Hsu, and Charles Koo (“Defendants”) and Crosscomplainants Acumentum Penny Lane, Mingcha Kuang, Guo Min Li, Anthan Weichaun He, Hua Bin He, an...
2020.09.22 Motion for Confirmation of Arbitration Award 402
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.22
Excerpt: ...TED for the reasons set forth below. Judgment shall be entered in the form set forth in the Arbitrator's Award, issued December 27, 2019. Service and Filing of Petition As an initial matter, Respondent claims that the Petition should be dismissed because Petitioners did not attach a copy of the parties' arbitration agreement to the Petition, and because Petitioners did not serve First Hawaiian Bank with a notice of the Petition. Both claims are u...
2020.09.21 Motion for Summary Judgment, Adjudication 346
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.21
Excerpt: ...old and delivered, money lent, and money paid. (See Complaint ¶ CC‐1(b).) Since those claims are unaddressed, summary judgment is not possible. The motion for summary adjudication of issues is GRANTED as to the 1st cause of action for breach of contract and the 2nd cause of action as to common counts open book account and account stated. A. Procedural Rulings Defendant's Objections 1 through 6 as to Common Counts and 1 through 12 as to Breach ...
2020.09.18 Motion for Summary Adjudication 353
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.18
Excerpt: ...ot malicious or wanton in her use and maintenance of her property at 392 Greenbriar Road, Half Moon Bay, California; 2. Under the theory of trespass, Defendant John Lorts was not malicious or wanton in his use and maintenance of his property at 392 Greenbriar Road, Half Moon Bay, California; 3. Under the theory of nuisance, Defendant Colleen Lorts was not malicious or wanton in her use and maintenance of her property at 392 Greenbriar Road, Half ...
2020.09.01 Demurrer 643
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.01
Excerpt: ...SUSTAINED. These causes of action are predicated on Defendants' alleged fraudulent or negligent misrepresentations and omissions. Each element of fraud and negligent misrepresentation must be specifically alleged. Cadlo v. Owens‐Illinois, Inc. (2004) 125 Cal. App. 4th 513, 519. General and conclusory allegations are not sufficient. Lazar v. Superior Court (1996) 12 Cal.4th 631, 645. A plaintiff must plead facts which show how, when, where, to w...
2020.09.01 Motion to Strike Complaint 622
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.01
Excerpt: ...VIL PROCEDURE. TENTATIVE RULING: This motion is continued to October 28, 2020 at 1:30 in Department 4 so that the parties can respond to the following questions. Opening briefs of no more than ten (10) pages shall be filed and served by October 14, 2020 and responsive briefs shall be filed and served by October 21, 2020. Courtesy copies of the briefs shall be delivered to Department 4. 1. Has there ever been a SLAPP motion granted when a party ha...
2020.09.01 Motion to Strike 643
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.09.01
Excerpt: ...E SEVENTH CAUSE OF ACTION IN ITS ENTIRETY, THE EIGHTH CAUSE OF ACTION IN ITS ENTIRETY, THE NINTH CAUSE OF ACTION IN ITS ENTIRETY, THE TENTH CAUSE OF ACTION IN ITS ENTIRETY, AND/0R THE ELEVENTH CAUSE OF ACTION IN ITS ENTIRETY. TENTATIVE RULING: Defendants' Motion to Strike from the Complaint the causes of action predicated on Defendants' alleged conspiracy is DENIED. Civil Code section 1714.10 requires a prior court order before filing an action a...
2020.08.31 Demurrers 561
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.31
Excerpt: ...kenzie & Associates, Inc. dba Truex Metier (“Plaintiff”) is ruled on as follows: (1) Defendant's Memorandum of Points and Authorities fails to comply with California Rules of Court Rule 3.1113(b). Rule 3.1113(b) requires a memorandum to contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. Here, Defendant...
2020.08.31 Demurrer 561
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.31
Excerpt: ...laintiff”) is ruled on as follows: (1) Demurrer to the First Cause of Action for Interference with Prospective Economic Advantage based on failure to allege facts sufficient to support this claim and uncertainty, is OVERRULED. Plaintiff alleges both negligent and/or intentional interference in this claim. (See FAC ¶ 33.) Plaintiff alleges facts sufficient to support a claim for intentional interference with prospective economic advantage. The ...
2020.08.27 Demurrer 738
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.27
Excerpt: ...es both the demurrer and motion to strike in this tentative. For purposes of ruling on a demurrer, the complaint is read liberally as a whole rather in isolation with a view to substantial justice and all allegations are to be accepted as true. Code of Civil Procedure § 452; Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The same is true for a motion to strike. Courtesy Ambulance Service v. Superior Court (1992) 8 ...
2020.08.26 Motion to Contest Good Faith Settlement 795
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.26
Excerpt: ...defendants in this case. Plaintiff ALLSTATE paid its insured $57,350. The insurer of defendant Nemmer Roofing, Watford Specialty Insurance, paid Plaintiff's insured $108,359. Defendant Nemmer Roofing has filed a cross‐complaint against settling defendant AN/BE and Watford has filed a separate action against AN/BE. Plaintiff ALLSTATE's Complaint seeks $57,350, which is the maximum judgment possible against AN/BE. Plaintiff and AN/BE have settlem...
2020.08.26 Motion for Summary Adjudication 161
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.26
Excerpt: ...n June 5, 2020 with an identical copy of the exhibits, Plaintiff in response to the separate statement states that it is impossible for Plaintiff to confirm the relevance or accuracy of certain statements because the exhibit was not attached. See e.g. Response to UMF Nos. 3, 4, 5. Plaintiff may not have realized that the same exhibits were attached to a previously served motion. Usually, the Court will continue the motion to allow a full response...
2020.08.26 Demurrer 674
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.26
Excerpt: ...rst through Fifth Causes of Action is SUSTAINED WITH LEAVE TO AMEND. On the face of the Complaint, these claims appear barred by the three‐year statute of limitations under Code of Civil Procedure section 338(d). The statute commences to run only after one has knowledge of facts sufficient to make a reasonably prudent person suspicious of fraud, thus putting him on inquiry. (Hobart v. Hobart Estate Co. (1945) 26 Cal.2d 412, 437.) “A plaintiff...
2020.08.24 Motion for Judgment 513
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.24
Excerpt: ...refore, the Court issues this tentative. The unopposed motion for summary judgment filed by Defendant CHICAGO TITLE INSURANCE COMPANY is granted. The undisputed material facts and supporting evidence establishes a prima facie showing that Defendant CHICAGO TITLE did not breach any duty that it owed to Plaintiff. Plaintiff has not demonstrated that a triable issue of material fact exists. Escrow instructions govern the rights and liabilities of th...
2020.08.20 Motion to Seal Records 733
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.20
Excerpt: ...staurants, Inc. (1989) 215 Cal.App.3d 353, 356). Plaintiff has waived her right to seal the records in this case. A party waives their right to obtain an order to seal documents where the documents are already part of the public record. (See Savaglio v. Wal‐Mart Stores, Inc. (2007) 149 CA4th 588, 600; Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial § 9:417.5 (TRG 2020).) The records in this case were all filed prior to the motion to seal...
2020.08.20 Motion for Leave to File Amended Complaint 758
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.20
Excerpt: ...isposition of this motion. After the parties submitted supplemental briefing, the Court continued this matter so that it could rule on Plaintiff's pending motion for consolidation. The Court granted Plaintiff's unopposed motion to consolidate Case Nos. CIV525758 and 19CIV00123 on July 27, 2020. The Court, having considered the parties' original and supplemental briefs, as well as the pleadings on file in this matter, rules on Plaintiff's motion a...
2020.08.19 Motion for Summary Adjudication 729
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.19
Excerpt: ...0 Request for Dismissal, and the dismissal entered the same date. For the reasons stated below, as to the Seventh Cause of Action for “harassment,” the motion is DENIED. As an initial matter, the Court notes that Defendants filed this motion in April 2020, and directed it to the Second Amended Complaint (SAC). Thereafter, on 7‐6‐20, Plaintiff filed a Third Amended Complaint (TAC), which made no change(s) to the parties or to the asserted ...
2020.08.19 Motion for Summary Judgment 729
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.19
Excerpt: ... Court notes that Defendants filed this motion in April 2020, and directed it to the Second Amended Complaint (SAC). Thereafter, on 7‐6‐20, Plaintiff filed a Third Amended Complaint (TAC), which made no change(s) to the parties or to the asserted causes of action, but made minor changes to the Prayer for relief. Plaintiff then filed an Opposition to this Motion for Summary Judgment. The moving and opposing papers refer only to the SAC. All pa...
2020.08.18 Special Motion to Strike 441
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.18
Excerpt: ...ed the moving, opposition, and reply papers and now issues the following ruling. Cross‐ Defendant's Special Motion to Strike (“SLAPP”) the Cross‐Complaint is DENIED. CrossDefendant has not established the first prong of the SLAPP analysis that the acts underlying any of the six causes of action in the Cross‐Complaint arise out of protected activity described by Code of Civil Procedure § 425.16(e). Further, even if Cross‐Defendant had...
2020.08.18 Motion for Summary Judgment 524
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.18
Excerpt: ...same last name. The Court means no disrespect to them. Defendants assert that as the hirer of a contractor that they are not liable for personal injuries sustained by Plaintiff, the contractor's employee, based on Privette v. Sup. Ct. (1993) 5 Cal.4th 689. However, “when a hirer of an independent contractor, by negligently furnishing unsafe equipment to the contractor, affirmatively contributes to the injury of an employee of the contractor, th...
2020.08.18 Motion for Attorneys' Fees 076
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.18
Excerpt: ...heduled date, and no prejudice has been established. Plaintiff's motion for attorneys' fees is GRANTED pursuant to Civil Code § 1717 and Code of Civil Procedure § 1032. Plaintiff followed the proper procedure in filing a memorandum of costs with the attorneys' fees and contemporaneously filing this motion. Plaintiff's complaint was one for a non‐judicial foreclosure. Plaintiff agrees that there is no right based on the complaint to obtain the...
2020.08.17 Demurrer 975
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.17
Excerpt: ...ent from the location identified in Plaintiff's Government Claim is OVERRULED. Plaintiff's Government Claim identified the location as an intersection of Sand Hill Road and Sand Hill Circle.” The FAC states that the incident occurred at specific GPS coordinates. (FAC para. GN‐1, MV‐1.) The numerical coordinates differ from the words “Sand Hill Road and Sand Hill Circle,” but nothing in the Complaint implies that the coordinates describe...
2020.08.14 Motion for Summary Judgment 407
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.14
Excerpt: ...omplaint alleges eight causes of action; she has dismissed the fourth and fifth causes of action. Stanford brings only a motion for summary judgment. Stanford argues that Plaintiff cannot establish an essential element of all her claims, which is a proper basis for summary judgment. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 853; see Code Civ. Proc., § 437c, subd. (p)(2). Defendant has the initial burden and once the defendant meet...
2020.08.14 Motion for Summary Adjudication 787
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.14
Excerpt: ...7c(a)(2), a motion for summary adjudication must be “served on all other parties to the action at least 75 days before the time appointed for hearing. . . . If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 75‐day period of notice shall be increased by two court days.” Plaintiff served this motion via email on June 1. The hearing, which was set for A...
2020.08.13 Motion to Enter Judgment 704
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.13
Excerpt: ... of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Code Civ. Proc., § 664.6 In this case, the parties had an arbitration agreement, but when disputes arose agreed to...
2020.08.13 Demurrer 394
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.13
Excerpt: ...ies of purportedly official records, to which Plaintiff objects. Without a proper certification, the Court cannot take judicial notice of the documents. As Justice Mark Simons explains: § 2:69. Official records and other official writings—Certification of official and recorded writings Evidence Code § 1530 provides that “(a) A purported copy of a writing in the custody of a public entity, or of an entry in such writing, is prima facie evide...
2020.08.13 Application for Right to Attach Order, for Issuance of Writ of Attachment 704
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.13
Excerpt: ... before the reply was filed. Replies in writs of attachment are only due two court days before the hearing, Code of Civil Procedure 484.060(c), by which time the tentatives are already prepared and, in this case, the Court failed to check the court file prior to the hearing to see if a reply had been filed. In ruling on a writ of attachment, the Court uses its discretion and weighs the evidence, based upon a preponderance of the evidence standard...
2020.08.12 Motion to Strike 936
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.12
Excerpt: ...f action. “The anti‐SLAPP motion need not address what the complaint alleges is an entire cause of action, and may seek to strike only those portions which describe protected activity.” Baral v. Schnitt (2016) 1 Cal.5th 376, 395‐396. A defendant may bring a special motion to strike any cause of action “arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution...
2020.08.12 Demurrer 362
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.12
Excerpt: ...3‐30‐20, which alleges Unfair Business Practices under Business & Professions Code § 17200 (“UCL”), is SUSTAINED WITH LEAVE TO AMEND. This Cause of Action seeks disgorgement of roughly $314,000 the Hogans allegedly paid to JPM for work they contend was performed by unlicensed subcontractors. This Court previously sustained with leave JPM's demurrer to the UCL cause of action. The Hogans filed a SACC with additional allegations. Once agai...

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