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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...
2020.08.05 Motion for Attorney Fees 275
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.05
Excerpt: ...bout, inter alia, small amounts of money; the attorney time to object to and support some of the requests probably exceeds the amounts requested. Since both parties imply that discussions may be able to resolve the issues, the Court believes that in this time of the pandemic with the Court budget being slashed, it is a better use of judicial resources for the parties to resolve what they can and then return to the Court, if necessary, with pared ...
2020.08.04 Motion to Quash 222
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.04
Excerpt: ... an opportunity to formally respond and for Defendant to file a reply, the Court continued the hearing. After review of the moving papers, opposition and reply, the Court GRANTS the motion. In this action, Plaintiff brings suit against his former spouse for forcible entry and forcible detainer. Defendant contends that Plaintiff may not bring an unlawful detainer claim against Defendant because the Complaint admits that Plaintiff and Defendant are...
2020.08.03 Motion to Strike 902
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.03
Excerpt: ...on of an anti‐SLAPP motion involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by [Code of Civil Procedure] section 425.16. If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second step as a “summary‐ judgment‐like procedure.” The court does not ...
2020.08.03 Motion for Summary Adjudication 569
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.08.03
Excerpt: ...s. California Rule of Court 3.1113(d),(g). Timeliness of the Motion As an initial matter, Plaintiffs contend the Court should decline to rule on this motion because it was not scheduled at least 30 days from the scheduled trial date as required pursuant to CCP § 437c(a). Plaintiffs acknowledge that the trial date has been continued. However, they contend Defendant must file a new motion in order to provide the required 75‐day notice of a motio...
2020.07.31 Application for Right to Attach Order, to Issue Writ ot Attachment 704
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.07.31
Excerpt: ...RG 2020). Plaintiff has not demonstrated that it is more likely than not that the he will obtain a judgment against Defendant on the claim. Plaintiff's memorandum does not analyze any of the elements necessary for Plaintiff to prevail. Plaintiff submits two declarations in support of the application (one specific to the application and the other one in support of judgment), but both only refer to the executed settlement agreement and that no paym...
2020.07.30 Motion to Stay for Forum Non Conveniens 515
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.07.30
Excerpt: ...ion for trial in California. See Stangvik v. Shiley (1991) 54 Cal. 3d 744, 750‐51. The Court declines to dismiss the action until the parties demonstrate that the action may proceed in the alternative forum. Defendants contend California is an inconvenient forum for this case because: “(1) the alleged accident occurred in Arizona; (2) plaintiffs are residents of Arizona, (3) there are additional parties over which California may not have pers...
2020.07.30 Motion to Set Aside Settlement 961
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.07.30
Excerpt: ... filed in 2014. In August 2018, Plaintiff and Defendant George Eshoo (“Defendant”) entered into a written settlement agreement pursuant to which Defendant agreed to transfer 5% of his membership interest in 32 & Bruce Partners, LLC (“the LLC”) to Plaintiff. (See Plaintiff's Decl., Exh. A, Settlement Agreement.) In July 2019, Plaintiff brought a motion to enforce the settlement agreement, which the court granted in part. (See Plaintiff's R...
2020.07.29 Motion to File Under Seal 382
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.07.29
Excerpt: ...terest that outweighs the right of public access to the records. The Notice of Motion to Strike and the moving Memorandum of Points and Authorities are redacted sufficiently narrowly to comply with CRC Rule 2.550(d) (sealing must be “narrowly tailored”) and Rule 2.550(e)(1) (order must seal only those documents or pages, or “portions” of those documents).) NETEASE's motion to file under seal is DENIED without prejudice to seal more limite...
2020.07.29 Motion to Expunge Lis Pendens 022
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.07.29
Excerpt: ...hall meet and confer on this issue, and may, in their discretion, contact the Court to re‐schedule the hearing date after additional discovery is taken. A lis pendens may be ordered expunged where the complaint does not assert a “real property claim” (Code Civ. Proc. § 405.31); or where plaintiff (“claimant”) cannot establish the real property claim's “probable validity” by a “preponderance of the evidence.” Code Civ. Proc. § ...
2020.07.29 Demurrer 946
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.07.29
Excerpt: ...as set forth below: Defendants' request for judicial notice is GRANTED pursuant to Evid. Code § 452(d). Res Judicata The Court finds Plaintiffs' claims are barred by the doctrine of res judicata. The doctrine of res judicata, or claim preclusion, promotes judicial economy by mandating that all claims based on the same “cause of action” be decided in a single suit; if not brought initially, they may not be raised at a later date. Mycogen Corp...
2020.07.29 Application for Right to Attach Order and Writ of Attachment 224
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.07.29
Excerpt: ...usiness Alliance Insurance Company. See PSM Holding Corp. v. National Farm Financial Corporation (9th Cir. 2018) 884 F.3d 812. The Application of Plaintiff Independent Electric Supply, Inc. (“Plaintiff”) for Right to Attach Order and Writ of Attachment to the property of Defendants Platinum Sales Group dba Sunstor Solar Electric (“Sunstor”) and Joshua Orozco (“Orozco”) (also collectively “Defendants”), is GRANTED IN PART. The Cour...
2020.07.21 Motion to Strike 925
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.07.21
Excerpt: ...mbered case. The tentative is being posted here, as well as in 19‐CIV‐04266, for ease of tracking. Motion to Strike, filed by Defendants Working Dirt R2, LLC, Working Dirt, LLC, Claudia Truesdell, Abraham Farag, Amy Miller, Brenda Davis and Whitney Ballestrazze: A. Third and Fifth Causes of Action. The Motion to Strike the third and fifth causes of action (aiding and abetting breach of fiduciary duty) is GRANTED. Plaintiff added the new cause...
2020.07.21 Motion to Dismiss or Stay on Grounds of Inconvenient Forum 211
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.07.21
Excerpt: ...Y 18, 2020 Defendant's Motion to Dismiss or Stay on the Ground of Inconvenient Forum is DENIED. Plaintiff's Complaint alleges causes of action for declaratory relief, rescission and unfair competition under Business & Professions Code §17200 related to a non‐compete clause in the contract between Plaintiff and Defendants. This motion presents the question of whether this Court should use its discretion to stay or dismiss this case based upon t...
2020.07.21 Motion for Attorney's Fees 786
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.07.21
Excerpt: ...peal, this Court still has jurisdiction over this ancillary matter, which will not affect the issues on appeal. Code of Civ. Proc. §916(a). Defendant's Requests for Judicial Notice in Support of the Motion and Reply are GRANTED pursuant to Evidence Code Section 452(c) and 452(d). Plaintiff's Request for Judicial Notice in support of the Opposition is GRANTED pursuant to Evidence Code Section 452(d). Defendant's Motion for Attorney Fees is GRANTE...

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