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2022.09.06 Motion for Dismissal 492
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.06
Excerpt: ...Mr. Corrinet. Judge Fineman has been the single assigned judge on this case since December 8, 2020. The Court, after considering the record and weighing the factors, exercises its discretion to dismiss pursuant to Code of Civil Procedure §§ 583.410 et seq. and California Rules of Court rule 3.1240. The Court, therefore, GRANTS Plaintiff's motion and VACATES the trial date and all other dates. While it may be unusual to dismiss a case a day befo...
2022.08.30 Motion to Strike 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.30
Excerpt: ...nts' motion to strike references Exhibits A and B in a “Table of Exhibits.” However, it appears that no Table of Exhibits has been filed. The Court finds the meet‐and‐confer requirement satisfied. If there are future demurrers or motions to strike, Plaintiff is to follow‐up on her representation that she would respond to a request to talk on the phone to discuss the issues. Courts have construed the failure to oppose a motion as having ...
2022.08.30 Motion to Continue Trial 562
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.30
Excerpt: ... 2022 are likewise vacated. The Court sets a Trial Setting Conference for September 20, 2022 at 9:30 a.m. No statements are necessary for the Trial Setting Conference. 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. This Court reaches its conclusion after considering all the factors and exercising its discretion. The Court starts its analysis wi...
2022.08.30 Motion for Sanctions 275
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.30
Excerpt: .... (California Rule of Court Rule 3.1110(f)(4); San Mateo County Superior Court Local Rule 3.3.) “Rules of Court have the force of law and are as binding as procedural statutes as long as they are not inconsistent with statutory or constitutional law.” (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) Plaintiff's Moving Request for Judicial Notice includes 10 exhibits across 100 pages. The failure to comply with Court Rules imposes an ...
2022.08.30 Demurrer 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.30
Excerpt: ...‐confer requirement satisfied. If there are future demurrers or motions to strike, Plaintiff is to follow‐up on her representation that she would respond to a request to talk on the phone to discuss the issues. Courts have construed the failure to oppose a motion as having an abandonment of the claims. See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 (“Plaintiff did not oppose the County's [motion] to this portion of their seve...
2022.08.23 Motion to Quash Subpoena for Records, for Protective Order to Modify Subpoenas 380
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.23
Excerpt: ...VISION REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,810.00 AGAINST DEFENDANT CITY OF REDWOOD CITY AND THEIR ATTORNEY OF RECORD ATTORNEY LISA K. RAUCH, ESQ. & HOWARD ROME MARTIN & RIDLEY, LLP TENTATIVE RULING: Plaintiff's Motion to Quash Defendant's Subpoenas to medical providers is DENIED. The Court finds that Plaintiff's alternative Motion for a Protective Order to modify the subpoenas to medical providers is GRANTED, in part, pursuant to Code of C...
2022.08.23 Demurrer to SAC 236
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.23
Excerpt: ...AC, ¶ 19. Plaintiffs allege that, with knowledge of the purchase offer, Defendants agreed to a new five‐ year lease of the restaurant premises with one five‐year option to renew. SAC, ¶¶ 18‐20. Plaintiffs further allege that Defendant Yamei Lu subsequently “broke her agreement stating that she would only accept a five (5) year lease with no option to renew with the new Buyers.” SAC, ¶ 24. Plaintiffs allege that, as a result of Defen...
2022.08.16 Demurrer to SAC 228
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.16
Excerpt: ...ts, judicial notice of Defendant's discovery responses is improper. Weil & Brown, California Practice Guide: Civil Procedure Before Trial § 7.1 (TRG June 2022 update) (can take judicial notice of plaintiff's inconsistent discovery responses but not opposing party's responses). However, as previously, the Court accepts the responses for the fact that Plaintiff can plead additional facts to toll the statute of limitations. Defendants' Request for ...
2022.08.09 OSC Re Dismissal 126
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.09
Excerpt: ...ure § 583.310. In response, on August 2, 2022, Plaintiff David Fennell filed an opposition to dismissal stating that the case was on federal appeal and, therefore, should not be dismissed. He states that he “is challenging the constitutionality of Code of Civil Procedure § 425.16, as used in this case and to block the Plaintiff's run for California Lieutenant Governor 2022.” Opposition at 2. He attaches a letter from the clerk of the United...
2022.08.09 Demurrer to FAC 065
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.09
Excerpt: ... Action for Negligence and otherwise OVERRULED. A. Issue Preclusion Allied argues that Plaintiff is precluded from relitigating any issue raised by the FAC. Allied does not demonstrate that any issues litigated or decided in the prior proceeding are identical to those in the instant case. For issue preclusion to apply, there are five requirements: (1) the issue in the current proceeding must be identical to the issue in the former; (2) it must ha...
2022.08.02 Demurrer 500
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.02
Excerpt: ... deems any irregularity in service waived by Plaintiff. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, as modified (Feb. 2, 2000).) The Court OVERRULES Defendant Julio Cesar Escobar's Demurrer to Plaintiff Kriss Miranda's Complaint for the reasons set forth below. Defendant argues that Plaintiff's Complaint, which asserts a single cause of action for unlawful detainer, fails to state a cause of action because Plaintiff lacks standing becau...
2022.08.02 Demurrer to SAC 228
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.02
Excerpt: ...est to take judicial notice of the interrogatories. Weil & Brown, California Practice Guide: Civil Procedure Before Trial section 7.1 (TRG June 2022 update) (can take judicial notice of plaintiff's inconsistent discovery responses but not opposing party's respnses). However, the Court accepts the responses for the fact that Plaintiff can plead additional facts to toll the statute of limitations. Plaintiff's objections to Defendants' Request for J...
2022.08.02 Motion for Sanctions 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.02
Excerpt: ...”) brings a motion for sanctions pursuant to Code of Civil Procedure §§ 128,5 and 128.7 against certain attorneys at Hunt & Henriques. For the reasons set forth below, the motion is DENIED. First, the motion does not meet the requirements of Code of Civil Procedure §§ 128.7(c)(1) and 1010 because the motion served on Plaintiff/Cross‐ Defendant fails to provide the date, time, department and location of the court. Accordingly, the motion i...
2022.08.02 Motion for Leave to File Motion in Limine 235
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.02
Excerpt: ...imine, evidentiary objections can be made at any time. The Court finds that it is more efficient to decide evidentiary issues before trial and finds that the other parties will suffer no prejudice by a pre‐trial ruling about the admission of evidence. This is especially true because Defendants made their objection in the Joint Pretrial Conference Statement filed August 11, 2021. Defendants stated: If the Court were to permit Plaintiff to bring ...
2022.08.02 Motion to Compel Further Responses, for Monetary Sanctions 380
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.02
Excerpt: ...ifornia Code of Civil Procedure §§ 2030.220, 2031.310; and 2) further responses and all documents responsive to the City's document demand to Plaintiff, Request No. 2, along with a privilege log pursuant to California Code of Civil Procedure §§ 2031.240, 2031.310 is GRANTED. Plaintiff shall provide the verified supplemental responses within 10 days after entry of order; Plaintiff shall provide all responsive documents and a privilege log with...
2022.08.02 Special Motion to Strike FAC, for Attorney Fees 611
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.02
Excerpt: ...age limit and font size. California Rule of Court 2.104; 3.1113(d). In its discretion, however, the Court has chosen to reach the merits of the motion rather than ordering Plaintiffs to re‐file their Opposition brief. All parties are reminded to comply with the Rules of Court going forward. Facts/background. The parties to this case had a prior relationship, which led, in 2017, to defendant Aaron Timm filing a lawsuit against Plaintiffs Sarah B...
2022.07.26 Motion to Contest Good Faith Settlement 014
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.07.26
Excerpt: ...rpose of providing Caltrans additional time to conduct discovery relating to this Motion. Viewed objectively, the evidence presented by the parties suggests that settling Cross‐ Defendant Jose Enriques Bucio, who admits having fallen asleep while driving and having collided with Plaintiff/Plaintiff's vehicle, would likely be found the most culpable party at trial. Plaintiff apparently claims more than $20,000,000 in damages, yet Cross‐Defenda...
2022.07.26 Motion to Compel Further Responses 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.07.26
Excerpt: ...ories and Requests for Production Directed to Defendants Laikun Lei (“Laikun”) and Kei Leung (“Kei”) is (1) GRANTED, IN PART, AND DENIED IN PART, Laikun's redacted bank records (bates nos. LEI‐000065–LEI‐000070 and LEI‐000078); (2) DENIED, WITHOUT, PREJUDICE, as to Laikun's credit card information and most recent statements (Special Interrogatory no. 5 (“Rog”), Request for Production no. 11 (“RFP”), Laikun and Kei's credit...
2022.07.19 Demurrer to SAC 004
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.07.19
Excerpt: ...“NIED”) by Plaintiff Melanie Cole in her individual capacity), is SUSTAINED without leave to amend, for the reasons stated below. Code Civ. Proc. Sect. 430.10(e). The rules for a demurrer are well known: In reviewing the demurrer, the Court construes the allegations liberally, reading the complaint as a whole, with a view to substantial justice between the parties. Code of Civ. Proc. § 452; Saxer v. Philip Morris Inc. (1975) 54 Cal.App.3d 7,...
2022.07.12 Motion to Quash Summons for Lack of Personal Jurisdiction 434
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.07.12
Excerpt: ...may exercise general jurisdiction only when a defendant is ‘essentially at home' in the State. General jurisdiction, as its name implies, extends to “any and all claims” brought against a defendant. Those claims need not relate to the forum State or the defendant's activity there; they may concern events and conduct anywhere in the world. But that breadth imposes a correlative limit: Only a select “set of affiliations with a forum” will...
2022.07.12 Motion for Summary Judgment 800
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.07.12
Excerpt: ...s. & Prof. Code § 17200 et seq.). The elements of a claim for usury are: “(1) [t]he transaction must be a loan or forbearance; (2) the interest to be paid must exceed the statutory maximum; (3) the loan and interest must be absolutely repayable by the borrower; and (4) the lender must have a willful intent to enter into a usurious transaction.” (Ghirardo v. Antonioli (1994) 8 Cal.4th 791, 798.) Defendant seeks summary judgment on the ground ...
2022.07.12 Demurrer 894
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.07.12
Excerpt: ...nd with respect to Plaintiff's second cause of action for violation of Civil Code § 2924(a)(1) and tenth cause of action for Interpleader based upon Plaintiff's stating that she will not pursue the claim. The Court notes that Plaintiff could have save the Court and the parties time and resources if she had made this agreement during the meet‐and‐confer process. The demurrer is also SUSTAINED without leave to amend as to the seventh cause of ...
2022.07.05 Motion to Approve PAGA Settlement and Dismiss PAGA Action 153
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.07.05
Excerpt: ...orney and counsel for defendant are to APPEAR so that testimony can be provided under oath. Zoom appearances are acceptable. The parties have not complied with the Court's order denying, without prejudice, Motion to Approve PAGA Settlement and Dismissal of PAGA Action. The Court expressly required that Plaintiff posit his own declaration in support of a renewed motion and append the Confidential Settlement Agreement and Release that settled his n...
2022.06.28 Motion for Summary Judgment 525
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.28
Excerpt: ...022. Plaintiff's objections 1 through 12 to Declaration of Joshi are overruled. The motion for summary judgment filed by Plaintiff Northern California Collection Service, Inc. is GRANTED. Plaintiff's moving evidence establishes all of the elements of the Complaint, thereby meeting Plaintiff's burden. (Code of Civ. Proc. § 437c, subd. (p)(1).) The burden shifts to Defendant Darius K. Joshi to offer admissible evidence to establish that a triable ...
2022.06.28 Demurrer 169
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.28
Excerpt: ...ted below, Defendant Tesla Energy Operations, Inc.'s Demurrer to Plaintiff's 3‐18‐22 First Amended Complaint (FAC), which is addressed only to the FAC's Second Cause of Action (alleging a violation of Bus. & Prof. Code Section 17200), is OVERRULED. Code Civ. Proc. Section 430.10(e), (f). The Section 17200 claim is not clearly time‐ barred on the face of the pleading. The Court previously granted (in part) Tesla's Motion for Judgment on the ...

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