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2022.06.21 Motion to Strike 233
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.21
Excerpt: ...13:11; 16:10‐13. The terms are not irrelevant, false or improper. Code of Civil Procedure § 436(a). The terms are relevant to the claim for punitive damages. Taylor v. Superior Court (1979) 24 Cal.3d 890, 895 (“conscious disregard of the safety of others may constitute malice within the meaning of section 3294 of the Civil Code.”). DENIED as to the request to strike attorneys' fees under Civil Code § 1942.4. See Snatchko v. Westfield LLC ...
2022.06.21 Demurrer to FAC 233
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.21
Excerpt: ... causes of action, for the reasons set forth below. 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, 18. The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but no...
2022.06.14 Motion to Strike SAC 723
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.14
Excerpt: ...llenge those paragraphs on the basis that that a fee award against her agent/employee co‐Defendants might flow to her. GRANT as to paragraphs 55, 78, 91, 100, and 117. The only contracts at issue are (1) the Lease between Plaintiff and Defendant Giannoni and (2) Asset Purchase Agreement between Plaintiff and Mr. Shinn. Neither of those agreements contains a provision for attorney's fees to a prevailing party in an action arising from the agreem...
2022.06.14 Demurrer to SAC 723
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.14
Excerpt: ...ris Inc. (1975) 54 Cal.App.3d 7, 18. A. First Cause of Action (Breach of Contract) Defendant Giannoni's demurrer to the first cause of action is OVERRULED. The “condition precedent” argument is misplaced. Defendant's written consent is a condition to Plaintiff's assigning or subletting the premises. It is not a condition precedent to any alleged contract obligation that was allegedly breached. The alleged breach pertains to Lease paragraph 36...
2022.06.14 Demurrer 148
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.14
Excerpt: ...overy Bank may be a necessary party to this action pursuant to Code of Civil Procedure § 389. Plaintiff alleges that “In or around February 26, 2020, Discovery Bank obtained a Judgment against [Defendant] Joel and placed a lien on 416 SAN DIEGO.” Complaint, ¶ 13. Plaintiff's prayer for relief asks, among other things, “For title of the Property to be vested in the Plaintiff as of the death of Joe Durham in 2010; . . . For a constructive t...
2022.06.07 Motion to Impose Mandatory and Discretionary Sanctions 582
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.07
Excerpt: ...terial breach of the parties' arbitration agreement pursuant to Code of Civil Procedure §§ 1281.97 and 1281.99. As a preliminary matter, Plaintiff's counsel is reminded to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f)(4) [“electronic exhibits must include electronic bookmarks with links to the first page of each exhibit an...
2022.06.07 Motion for Summary Judgment, Adjudication 543
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.07
Excerpt: ... Case Management Conference Statement that there was a settlement, but no dismissal has yet been filed. Therefore, the Court reposts the tentative posted on May 2, 2022 as the tentative for the June 7, 2022 hearing: The Hon. Nancy L. Fineman discloses that she previously had a financial interest in American Express Company (AXP), which may be a related company to plaintiff American Express National Bank. All of her interests in American Express C...
2022.06.07 Motion for Determination of Good Faith Settlement 186
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.07
Excerpt: ...o Rodriguez, was entered into in good faith. The Court, in exercising its discretion after reviewing the record and weighing the Tech‐Bilt factors, finds that the settlement was entered into in good faith, and thus the Motion is GRANTED. Code Civ. Proc. Sect. 877.6; Tech‐Bilt, Inc. v. WoodwardClyde & Associates (1985) 38 Cal.3d 488, 499‐500. As the party challenging the settlement, defendant Transmetro has the burden of showing the settleme...
2022.05.31 Motion to Compel Arbitration 401
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.31
Excerpt: ... to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit”]; San Mateo County Superior Court Local Rule 3.3 [same].) “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 Request for Judicial No...
2022.05.31 Motion for Reconsideration of Removal of Writ of Attachment 254
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.31
Excerpt: ...AINTIFF ATTORNEY OF RECORD FOR FILING A WRONGFUL WRITE OF ATTACHMENT, PROTECTIVE ORDER AND SHERIFF LEVIES WITH PREJUDICE WITHHOUT LEAVE TO AMEND TENTATIVE RULING: For the reasons stated below, Defendant Gus Williams' Motion for Reconsideration, filed 3‐10‐22, is DENIED. Code Civ. Proc. Sect. 1008. Background. On 11‐19‐21, the Court granted Plaintiff's Application for a Writ of Attachment and a Temporary Protective Order (“TPO”), in wh...
2022.05.24 Demurrer to FAC 876
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.24
Excerpt: ...ANTS Defendant's request as to item 8. The unopposed demurrer by Defendant City of Burlingame to Plaintiff's “Case Management Conference Statement and First Amended Complaint” is SUSTAINED WITHOUT LEAVE TO AMEND. The Court sustained Defendant's demurrer to the original pleading on two grounds. First, the government claim attached to the Complaint showed that Plaintiff did not file the claim within six months of the accrual of her cause of act...
2022.05.24 Motion for Summary Judgment 104
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.24
Excerpt: ...entitling plaintiff to judgment on the cause of action].) The Complaint alleges six causes of action, but Plaintiff's Separate Statement only addresses five causes of action. Specifically, the Separate Statement fails to address Plaintiff's Second Cause of Action for Breach of Implied in Fact Contract. A separate statement in support of a motion for summary judgment must identify each cause of action and each supporting material fact claimed to b...
2022.05.24 Motion to Compel Further Responses, for Sanctions 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.24
Excerpt: ...and 50.2 within fourteen (14) days of notice of the Court's order. The request to provide further responses to Interrogatory No. 50.5 is DENIED. Interrogatory No. 12.1 seeks information regarding the identity of witnesses to, or persons with knowledge of, the events in question. In response, Defendant identified “All persons listed within documents provided by MUMBA in response to Plaintiff's First Request for Production.” Mr. Mumba's respons...
2022.05.24 Motion to Strike 104
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.24
Excerpt: ...not filed until more than two years later on July 30, 2021. The Judicial Council adopted California Rules of Court, Emergency Rule 9 though. Rule 9 tolled statutes of limitations for civil causes of action from April 6, 2020 until October 1, 2020. When the six‐month period set forth in Rule 9 is taken into account, Plaintiff's Complaint was timely filed on July 30, 2021. The Court also notes that the motion is procedurally improper. The Court's...
2022.05.17 Motion to Strike 386
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.17
Excerpt: ...ense counsel's declaration. However, it appears to the Court that the issues regarding “Enhanced Remedies—Willful Misconduct” and the unfinished sentence in paragraph 68 should have been resolved in a meet‐and‐confer process. It appears to the Court that the section entitled “Enhanced Remedies— Willful Misconduct,” which starts at paragraph 69 of the Complaint is meant to be an additional cause of action for intentional conduct. T...
2022.05.17 Motion for Protective Order, to Quash Deposition 774
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.17
Excerpt: ...ity”) is illegally collecting a Utility User Tax because the City Council failed to make the findings every two years required by the measure which enacted the tax that the utility tax is necessary for the financial health of the City. On calendar are multiple dueling motions regarding the scope of discovery, specifically depositions, that plaintiff may take in this case. Plaintiffs have filed motion to compel certain depositions and the City h...
2022.05.17 Motion for Preliminary Approval of FAC and Representative Action Settlement and Provisional Class Certification 700
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.17
Excerpt: ... Settlement is tentatively ruled upon as follows. This Court GRANTS preliminary approval of the Settlement as set forth in the First Amended Joint Stipulation and Settlement Agreement attached as Exhibit 4 to the Declaration of David Bibiyan (“Bibiyan”). On February 3, 2022, this Court filed a written order denying preliminary approval without prejudice and identified issues that the Court wanted addressed. On March 7, 2022, Plaintiffs filed ...
2022.05.17 Motion for Leave to File SAC 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.17
Excerpt: ...prejudice and has not misled the other side, even if the request is delayed, the liberal policy of allowing amendments prevails and it is an abuse of discretion to deny leave in such a case even if sought as late as the time of trial. Higgins v. Del Faro (1981) 123 Ca1.App.3d 558, 564‐565. “The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: ‘If the motion to amend is timely made and the grantin...
2022.05.10 Motion for Leave to File Amended Complaint 632
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.10
Excerpt: ...nce per se, and a survival claim. Plaintiff also seeks to add Vaishali Bhardwaj as a defendant. According to the declaration of Plaintiff's counsel, further investigation revealed additional facts relevant to the Complaint after counsel substituted into this case in September 2021. Sachs Decl., ¶ 4. Requests to amend are to be liberally granted. Nestle v. City of Santa Monica (1972) 6 Ca1.3d 920, 939. When amendment would not prejudice and has n...
2022.05.10 Demurrer to FAC 722
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.10
Excerpt: ...cal Rule 3.403 for the April 19, 2022 hearing. The Court SUSTAINS without leave to amend Defendant Twitter, Inc.'s demurrer to the complaint. The Court GRANTS Defendant's Request for Judicial Notice: Pursuant to Evidence Code §452(d), the Court may take judicial notice of court records, but only as to the fact that these documents were filed in the federal court in a case by Plaintiff against Defendant and not the contents therein, which are hea...
2022.05.03 Motion to Compel Further Responses, for Monetary Sanctions 726
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.03
Excerpt: ... against Defendant Social Concepts Inc. is GRANTED. The Court GRANTS Plaintiff's and Defendant's Requests for Judicial Notice. Document Request Defendant has withdrawn its attorney‐client and work product objections. Declaration of Donald F. Drummond in Opposition to Motion to Compel and in Support of Motion for Protective Order ¶ 3. The Court overrules the objection that the request seeks documents that are not material or reasonably calculat...
2022.05.03 Motion for Summary Judgment, Adjudication 543
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.03
Excerpt: ... about January 10, 2022. Plaintiff American Express Bank's Motion for Summary Judgment, filed 1‐11‐22, is GRANTED. Code Civ. Proc. Sect. 437c. Plaintiff's alternative Motion for Summary Adjudication is therefore DENIED AS MOOT. Having reviewed the parties' briefing and evidence, the Court finds that Plaintiff met its initial burden of presenting evidence demonstrating that Defendant Lilia Rodriguez: (a) entered into a credit card agreement wi...
2022.05.03 Motion for Discharge and Dismissal 690
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.03
Excerpt: ...) First, the court determines whether plaintiff may bring the action and force the claimants to interplead. (Id. at 1126‐1127.) Second, if it is so determined, then the court discharges plaintiff and then determines the rights of the various claimants to the property deposited with the court. (Id. at 1127.) Plaintiff presents evidence to support that it is a mere stakeholder that has no interest in the $64,500 funds that it seeks to interplead,...
2022.04.26 Motion to Strike 254
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.26
Excerpt: ...tion to strike the “conspiracy” allegations from the SAC, Para. 50 and 51, is DENIED. The motion argues the conspiracy allegations are improper because the SAC does not properly plead fraud or elder abuse against the Luthra Defendants. It also argues the Luthras owed no “duty” to the Plaintiff, and therefore, cannot be held liable for “conspiracy.” The authority cited for that proposition, however, appears distinguishable. The Court i...
2022.04.26 Demurrer to SAC 254
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.26
Excerpt: ...mur to the SAC's First, Second, Fourth, and Fifth Causes of Action (alleging “cancellation of instruments,” fraud, financial elder abuse, and violation of Bus. & Prof. Code Sect. 17200). The SAC generally alleges that the Luthra Defendants, together with the Love/Williams/Omega Defendants, participated in a fraudulent scheme/plan to damage Plaintiff by arranging a purchase of Plaintiff's Millbrae property in which (a) all Defendants would rec...

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