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

686 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 25,25
Array
(
)
2024.04.09 Demurrer to Complaint 497
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.09
Excerpt: ... forth below. (1) Initial ly, the court notes that Plaintiff has provided the improper address for the hearing. Department 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the Notice “must specify” the location of the hearing].) Plaintiff is cautioned to comply with this rule in the future. (2) Defendan...
2024.04.02 Motion for Final Approval of Class Action Settlement 110
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.02
Excerpt: ...d final order submitted on February 9, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non -contradictory language in the submitted proposed order. On October 31, 2023, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. The action alleges wag...
2024.04.02 Motion for Determination of Good Faith Settlement, to Seal 485
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.02
Excerpt: ...efendants do not o ppose a motion on the good faith issue, a barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient. (City of GrandTerrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) The Court has reviewed Defendants' counsel's declaration and the attached exhibits, and finds that the settlement meets the criteria for good faith settlement un...
2024.04.02 Motion to Compel Binding Arbitration 984
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.02
Excerpt: ...matter, the court notes that Patelco has filed documents with plaintiff's confidential information. Patelco shall take immediate steps to have that confidential filed under seal and file public documents with the confidential information redacted. The court has ord ered the clerk of the court to seal the Declaration of Jade Luong filed February 15, 2024 in the interim to protect plaintiff's privacy. California law strongly favors arbitrati...
2024.03.26 Motion to Strike or Tax Costs 014
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.26
Excerpt: ...al Notice is GRAN TED. (Evid. Code Sect. 452(d).) Plaintiff's request to “strike” the entirety of CalTrans' Memorandum of Costs is DENIED. Plaintiff seeks to strike, in its entirety, Defendant CalTrans' Memorandum of Costs, filed Jan. 23, 2024, or alternatively, to tax the costs claimed therein. CalTrans' Memorandum of Costs seeks total costs of $15,089.20, consisting of $11,639.20 in deposition costs (subpoenas seeking Plaintiff's medical r...
2024.03.26 Motion to Amend Complaint 301
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.26
Excerpt: ...otion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious de fense, it is not only error but an abuse of discretion.” (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) Plaintiff's motion is timely and in compliance with the ...
2024.03.26 Demurrer, Special Motion to Strike 306
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.26
Excerpt: ...Judicial Noti ce is GRANTED as to all items. Initially, the court notes that the moving parties have not provided the address for the hearing. Department 4 is located at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, rule 3.1110 [the notice “must specify” the location of the hearing].) The moving parties must contact Plaintiffs Nathaniel Basola Sobayo and Elizabeth Basola Shoaga by ...
2024.03.19 Motion for Determination of Good Faith Settlement 765
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...hearing. Depa rtment 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the notice “must specify” the location of the hearing].) A. Legal Standard on Motion to Determine Good Faith Settlement Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co -obligors on a ...
2024.03.19 Demurrer 642
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...s a whole, wi th a view to substantial justice between the parties. (Code 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 not conten tions, deductions or conclusions of fact or law). (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966- 967.) Courts have repeatedly recognized that where a plaintiff “ "...
2024.03.19 Application for Writ of Possession 122
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...Superior Court (1991) 230 Cal.App.3d 173.) In order to obtain a writ of possession though, plaintiff must show that he has the right to immediate possession of tangible personal property, and that the property is being wrongfully detained by Defendant. (Code Civ. Proc., § 512.010, subd. (b)(1), (2).) In this case, there is conflicting evidence as to who is Figo's owner. Plaintiff claims that he is Figo's owner. (Plaintiff's Decl., and attached ...
2024.03.19 Motion for Leave to File Complaint 560
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...��led, defe ndant had not yet made an appearance; thus the motion did not need to be served on defendant. (Code Civ. Proc., § 1014.) Defendant filed an answer on March 1, 2024. Therefore, Liberty shall by 4:00 p.m. on March 18, 2024 provide notice to defendant of this motion and provide the tentative ruling. If defendant wishes to oppose the motion, she has until 10:00 a.m. on March 19, 2024 to notify the court and all parties of her intent to ...
2024.03.19 Motion for Summary Judgment, Adjudication 634
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...e court DENIE S the motion for summary judgment. In order to prevail on a motion for summary judgment, the moving party must demonstrate that “there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (C ode Civ. Proc., § 437c, subd. (c).) In this motion, plaintiff has failed to provide any argument concerning the second cause of action for account stated or third cause of acti...
2024.03.19 Motion to Stay Actions 507
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...as it relates to a motorhome vehicle plaintiffs purchased from defendant. As part of the purchase process, the parties agree there is contained in the agreement of purchase a forum selection and choice -of -law clause providing that exclusive jurisdiction for deciding le gal disputes relating to the warranty shall be within the state or federal courts of Ohio, and that Ohio law will apply. (Declaration of Rick March, Ex. B at page 2.) Defendant n...
2024.03.12 Motion to Tax Cost Bill 974
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.12
Excerpt: ..., rule § 3.1700(b).) A verified memorandum of costs is a prima facie evidence of the propriety of the items listed on it. (Adams v. Ford Motor Co. (2011) 199 Cal.App.4th 1475, 1487.) “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of pr...
2024.03.12 Motion for Preliminary Injunction 582
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.12
Excerpt: ... cour t strongly suggests that the parties engage in mediation with a private mediator experienced in these type of disputes or some other form of ADR. Plaintiff Puja Gupta's Request for Judicial Notice is GRANTED as to items nos. 1 –5 as to the existence of the documents as court records but not as to “the truth of matters stated therein.” (Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375 (Herrera).) Defendant ...
2024.03.12 Demurrer, Motion to Strike 308
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.12
Excerpt: ...d at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Any party contesting the tentative ruling is to give notice to all other parties of the address for the hearing. Secon d, plaintiff failed to file a declaration that complies with Code of Civil Procedure section 430.41, subdivision (a)(3), showing that the parti...
2024.03.05 Motion to Stay Proceedings 492
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ...ly Bil l 218 (“A.B. 218”) and became effective January 1, 2020. (See former Code. Civ. Proc., § 340.1, repealed by Stats. 2022, c. 444 (A.B. 2959), § 1, eff. Jan. 1, 2023, and then repealed by Stats. 2023, c. 655 (A.B. 452), § 1, effect. Jan. 1, 2024.) The Dist rict previously brought a motion for judgment on the pleadings to the second amended complaint arguing that A.B. 218 was unconstitutional. The court denied this motion, finding tha...
2024.03.05 Motion to Set Aside Dismissal, Enter Judgment 129
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ... 64.6. The parties settled this case in 2021 and agreed that the court should retain jurisdiction pursuant to Code of Civil Procedure section 664.6. (Ex. 1 to the Request for Dismissal filed April 5, 2021, ¶ 11.) The parties' Stipulation states at parag raph 1 that plaintiff and defendant agree that in the event of a breach, judgment shall be entered in favor of plaintiff and against defendant in the sum of $11,840.25 plus costs of suit and pre...
2024.03.05 Motion to Quash Subpoena for Deposition 457
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ...notice of entry of the order. (Code Civ. Proc. § 2025.410, subd. (d).) The court GRANTS both parties' request for judicial notice, but not for the truth of the matters within the documents. A party to litigation has the right to obtain information to support hi s or her claims or defenses. That right is broad. (Code Civ. Proc. § 2017.010, Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) The right is not without limits and as Farrel...
2024.03.05 Motion to Compel Responses, for Monetary Sanctions 076
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ... roduction of documents (RFPs). The court GRANTS plaintiff's request for judicial notice (“RJN”). (Evid. Code, § 452, subd. (d).) However, the court only takes judicial notice that Commissioner Mau held an informal discovery conference (IDC) on December 4, 2023 and there are minutes from the IDC. As much as this court respects Commissioner Mau and the decision he makes, the statements that he or any judicial officer makes during an IDC are n...
2024.03.05 Motion for Final Approval of Class Representative Action Settlement 277
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ...itted on February 8, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non- contradictory language in the submi tted proposed order. On August 29, 2023, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. The court stated in its tentative and ado...
2024.02.27 Motion for Protective Order, for Monetary Sanctions 457
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.27
Excerpt: ...urt DE NIES defendant's request for judicial notice. It is unclear if the parties satisfied the requirements to have an Informal Discovery Conference, but if the requirement has not been met, the court waives the requirement since the parties have had multiple c onferences with the civil commissioner. The court notes that the parties raise several collateral issues in their briefing. In ruling on the motion, the court only considered facts rele...
2024.02.27 Motion for Preliminary Approval of Class Action and PAGA Settlement 986
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.27
Excerpt: ...ding o f proposed orders. The court will sign the proposed order submitted on February 9, 2024 with the date of the hearing changed to February 21, the date for the final approval hearing filled in, and any other changes that are appropriate based upon this tentative. The court adopts the language in the proposed order as part of its tentative ruling. The proposed order shall be submitted electronically through the clerk's office. On January 30...
2024.02.27 Motion for Final Approval of Class Action and PAGA Settlement 480
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.27
Excerpt: ...itted on January 26, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non- contradictory language in the submi tted proposed order. On August 23, 2024, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. This case is the third case involving sim...
2024.02.13 Motion for Award of Attorney Fees 791
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.13
Excerpt: ...nce Þnding that the declaration o Marc D. Bender provides a oundation or his expertise o opining on the reasonableness o ees, his criticisms are relevant and there is su¯icient oundation or his opinions. The act that he does not have personal knowledge is irrelevant to his opinions. The court considers his declaration in the context o its own knowledge o the acts o this case. Deendants contend that the attorneys' ees provision d...

686 Results

Per page

Pages