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2020.01.14 Motion for Summary Judgment, Adjudication 696
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.14
Excerpt: ...ls as a matter of law because negligence per se is an evidentiary presumption and not a separate cause of action; 2. Plaintiffs' Cause of Action Nos. 3 and 4 predicated on violations Placer County Building Code, Article 15.12 et seq., fail as a matter of law because Article 15.12 was unenforceable at the time of the incident; 3. Even if Plaintiffs' negligence claims survive Article 15.12's unenforceability, Plaintiffs lack sufficient evidence to ...
2020.01.13 Demurrer 013
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.13
Excerpt: ...ot allege any property damage or personal injury. Demurrer to the second cause of action (breach of contract) is SUSTAINED with leave to amend. First, the pleading identifies two contracts in paragraph 6, but nothing in the pleading alleges whether either contract was oral, written, or implied. Second, the pleading does not allege the contractual obligations that were breached; it does not allege the terms of the contract either in haec verba or ...
2020.01.10 Motion for Protective Order 161
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.10
Excerpt: ...ART. Cross‐Defendants establish that the subpoena served by Cross‐ Complainants Omer Tamturk and the Erler Family Trust (“Cross‐Complainants”) on Stefan Financial, includes documents that contain Cross‐Defendants' personal financial information and tax returns. (See Stefan Decl.) The California Constitution, Article I, section 1 protects a person's financial privacy. See also Britt v. Superior Court (1978) 20 Cal.3d 844; Cobb v. Sup. ...
2020.01.10 Demurrer 541
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.10
Excerpt: ...ND. The complaint is based on Defendant's alleged representation that it would try to gain US Customs approval for the same 5.92 percent customs rate for SINO‐MAPLE, but failed to do so. Nothing in this claim suggests that the acts were fraudulent, unlawful, or unfair (as that term is used in the UCL), including there is no allegation of any law that was violated. Plaintiff's conclusory allegation in paragraph 69 are insufficient. Defendant's a...
2020.01.08 Motion to Compel Further Responses, Request for Monetary Sanctions 393
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.08
Excerpt: ...nd (d), Defendant should be compelled to provide facts supporting its denial of Plaintiffs' requests to admit that Defendant's agents had not determined that Plaintiff's conduct had met the definition of “cause” as set forth in the parties' employment agreements. Plaintiff acknowledges that Defendant has responded that its denial is based on its in‐ house counsel's determination that Plaintiff “was not forthcoming about the veracity of th...
2020.01.08 Motion to Compel Arbitration 090
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.08
Excerpt: ...nd attached Exh. A.) California law favors arbitration. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) Plaintiff Mark Smoot (“Plaintiff”) argues that the arbitration provision in the offer letter is unenforceable because it is unconscionable. The party opposing arbitration has the burden of proving that the arbitration provision is unconscionable. (Ajamian v. CantorCO2e, L.P. (2012) 203 Cal.App.4th 771, 7...
2020.01.08 Motion for Summary Adjudication 847
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.08
Excerpt: ... fraud, oppression or malice by Defendant to support punitive damages. The Court rules on the motion as follows: Defendant's unopposed motion for judicial notice is GRANTED. Plaintiff's objection to Defendant's Exhibit L is SUSTAINED based upon hearsay, lack of personal knowledge and authentication. Plaintiff alleges that Defendant failed to: (1) warn about permanent collagen destruction; (2) properly train purchasers; and (3) advise that the dev...
2020.01.06 Motion to Set Aside Entry of Default 747
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.06
Excerpt: ...arties' briefing and finds that the 11‐08‐19 Watanabe declaration sufficiently demonstrates the default occurred because Tesla's in‐house counsel mistakenly/inadvertently failed to promptly assign the matter to local litigation counsel. The Court strongly favors resolving cases on their merits. The 08‐ 19‐19 default should be and HEREBY IS SET ASIDE. Where relief is based on attorney fault, §473(b) requires the Court to direct the atto...
2020.01.06 Motion for Summary Judgment, Adjudication 368
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.06
Excerpt: ... Code Civil Procedure §437c. The Motion for Summary Judgment and Summary Adjudication of the Loves' claims is DENIED as moot, in light of the voluntary dismissal of the Loves' Cross‐Complaint on 12/11/19. Sereno has established each of the elements of its cause of action for breach of contract. The Loves agreed to pay Sereno 5% of the purchase price of the subject property if buyers completed the transaction or were prevented from doing so by ...
2020.01.03 Motion for Summary Judgment 847
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.03
Excerpt: ... and did not cause Plaintiff's injuries. The Court denied Defendants' motion on June 24, 2019. (See June 24, 2019 Minute Order, of which the Court takes judicial notice on its own motion.) Now, in this motion, Defendants once again assert that they complied with the applicable standard of care and did not cause Plaintiff's injuries. However, Defendants have not presented any newly discovered facts or circumstances, or law, that support reconsider...
2020.01.03 Demurrer 914
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.03
Excerpt: .... §430.10(e). The Fourth Cause of Action sufficiently alleges the elements of fraud by intentional misrepresentation. See CACI 1900; FAC, ¶¶40‐49. Defendants appear to argue they cannot or should not be held liable for their alleged false representations because they signed the 2016 forms in their capacity as purported Director or Partners of the LLC. Even if this argument otherwise had merit, it fails here because, as alleged, the LLC disso...
2020.01.02 Motion for Judgment on the Pleadings 569
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.02
Excerpt: ...c. Code § 438(h). 1 st COA – Breach of Express Warranty Defendant contends Plaintiffs have failed to assert a cause of action for breach of express warranty because Plaintiffs have not alleged the “latent defect” in the timing chain system manifested itself during the five‐year express warranty period. According to Defendant, “the warranty expired over six months before Plaintiffs filed their First Amended Complaint on January 18, 2019...
2020.01.02 Motion for Relief from Stay 073
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.01.02
Excerpt: ...o Strike Punitive Damages decided. Code Civ. Proc. §1281.4. The Court finds that resolution of this issue will not frustrate the arbitrator's jurisdiction since WIN is not a party to the arbitration and whether WIN faces exposure for punitive damages will not impact any issue in the arbitration. However, the pending punitive damages' exposure to WIN, which is not covered by insurance, does have a substantial impact on WIN. Therefore, the Court l...
2019.4.26 Motion to Compel Arbitration, Stay Proceedings 841
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2019.4.26
Excerpt: ...licies favor of arbitration and, courts are to “indulge every intendment to give effect to such proceedings.” Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9. Defendants have established the existence of an arbitration agreement, and there is no basis to deny enforcement of the agreement under CCP § 1281.2. Plaintiffs contend Defendants' motion should be denied because (1) Defendants failed to present competent evidence showing the existenc...
2019.4.26 Motion to Compel Arbitration, Stay Action 996
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2019.4.26
Excerpt: ... to “indulge every intendment to give effect to such proceedings.” Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9. Defendants have established the existence of an arbitration agreement, and there is no basis to deny enforcement of the agreement under CCP § 1281.2. Plaintiffs contend Defendants' motion should be denied because (1) Defendants failed to present competent evidence showing the existence of valid arbitration agreements, and (2) ...
2019.4.25 Motion to Quash Service of Summons 181
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2019.4.25
Excerpt: ...gations that have been voluntarily assumed.” Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474 (1985). Cross‐Defendant Salamakhin has purposefully availed himself of the benefits of the laws of the state of California and created sufficient minimum contacts with the state of California to support personal jurisdiction of this Court by sending a debt collection letter to Cross‐ Complainant which is the subject of the allegations in the First...
2019.4.25 Motion for Summary Judgment, Adjudication 490
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2019.4.25
Excerpt: ...nts have submitted 19 exhibits, consuming approximately 400 pages. Plaintiffs have submitted 13 exhibits across more than 200 pages. Both parties failed to comply with the Rules of Court that require exhibits to be tabbed. (CRC Rule 3.1110(f)(3). Rules of Court have the force of law to the extent that they are not inconsistent with legislative enactments and constitutional provisions. (In re Richard S. (1991) 54 Cal. 3d 857, 863.) By failing to c...
2019.4.24 Motion to Quash or for Protective Order 325
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2019.4.24
Excerpt: ...��Car, Inc. (“Defendant”) on non‐party Hertz Corporation (“Hertz”). Plaintiff argues that Defendant failed to obtain a commission to conduct an out‐of‐state deposition. Specifically, Plaintiff contends that Hertz is a Delaware corporation with its principal place of business in Florida, and thus a commission is required to depose Hertz. Plaintiff has not provided any evidence in support of this contention though. Moreover, Defendant...
2019.4.24 Motion to Compel Further Responses 376
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2019.4.24
Excerpt: ...entry of the order. Interrogatory No. 19 asks Defendant/Cross‐ Complainant Dellanini to identify each instance in which he solicited work for himself or on behalf of TCS while he was employed by Preferred. The request appears to be directed at a core issue in this case – whether Dellanini improperly competed with Preferred for commercial cleaning jobs. Although Dellanini asserted a number of boilerplate objections to the request, the primary ...
2019.4.23 Motion to Strike 773
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2019.4.23
Excerpt: ...ning unusual maintenance and consultant's fees, and the prayer for professional and technical fees, is GRANTED WITHOUT LEAVE TO AMEND. Plaintiff fails to oppose the motion as to these fees, and thus has not established she will be able to amend to allege facts to support she may recover these fees. The Motion to Strike paragraph 50 and the prayer for exemplary and punitive damages is GRANTED WITH LEAVE TO AMEND. As pled, Plaintiff fails to allege...
2019.4.23 Motion to Enforce Settlement Agreement 503
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2019.4.23
Excerpt: ...udgment in the amount of $10,000, less any amounts which BRUCE TASSI has paid (Defendants TASSI, INC. and BRUCE TASSI assert that $6,000 was paid on March 27, 2019, but provide no evidence of that fact and admit that the payment was late). Plaintiff is also entitled to $1,500 in attorneys' fees, $60 in costs for the cost of the motion, and pre‐judgment interest. Even though Plaintiff has not submitted facts, such as his counsel's hourly rate or...
2019.4.23 Motion to Compel Depositions 321
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2019.4.23
Excerpt: ...to the credentialing of Scott Chang, MD is GRANTED and the deponent shall appear for deposition within 15 days of the date of the service of notice of ruling. Plaintiff's motion to compel production of documents is DENIED without prejudice. CCP § 2025.410 provides, in pertinent part, as follows: (a) Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity un...
2019.4.23 Motion to Award Fees 372
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2019.4.23
Excerpt: ... unless it finds that an objection to the request was sustained, the admission was of no substantial importance, the responding party had reasonable ground to believe that the party would prevail on the matter, or there was a good reason for the failure to admit. (Id. sect. 2033.420, subd. (b).) The moving party is only entitled to the reasonable expenses, including attorneys' fees “incurred in making the proof, i.e., proving the matters denied...
2019.4.23 Motion for Costs 372
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2019.4.23
Excerpt: ...he offer. (See Meissner v. Paulson (1989) 212 Cal.App.3d 785, 791.) Defendants' offer does not identify which Plaintiff to whom it is made. To the extent Defendants intended the offer to be made to Plaintiffs UHI and Lavine jointly, it is ineffective. Either Plaintiff's or both Plaintiffs' failure to accept the offer does not support a motion for post‐offer costs under Code of Civil Procedure section 998. If the tentative ruling is uncontested,...
2019.4.23 Demurrer 773
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2019.4.23
Excerpt: ...elements of a breach of contract claim are: (1) the existence of the contract; (2) plaintiff's performance or excuse for failing to perform; (3) the defendant's breach; and (4) plaintiff's damages. (Amelco Electric v. City of Thousand Oaks (2002) 27 Cal.4th 228, 243.) This claim alleges that Plaintiff and Defendant Palermo entered into an oral and written contract. (Complaint ¶ 52.) Plaintiff fails to allege sufficient facts to support either an...

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