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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 Proc., § 340.1, repealed by Stats. 2022, c. 444 (A.B. 2959), § 1, eff. Jan. 1, 2023, and then repealed by Stats. 2023, c. 655 (A.B. 452), § 1, effect.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 Demurrer 426
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.13
Excerpt: ...ition for Writ of Mandate of Plainti¯/Petitioner City of Millbrae (“Millbrae”) is ruled on as follows: In making this ruling, the Court has also reviewed the response Þled on behalf of Interested Party Yes In My Back Yard. Demurrer to the Fourth Cause of Action for Injunctive Relief is SUSTAINED WITHOUT LEAVE TO AMEND. As the Court previously found in denying Millbrae's request for a preliminary injunction, Millbrae's lawsuit is a validati...
2024.02.13 Demurrer to FACC, Motion for Partition by Sale 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.13
Excerpt: ...plainant Bernice Turner's operative First Amended Cross-Complaint (“FACC”) alleges three causes of action against Cross-Defendants, including Cross-Defendant Mortgage Lender Services, Inc. (“MLS”): (1) negligent misrepresentation, (2) negligence, and (3) unfair business practices. MLS demurs to all three causes of action on grounds of failure to state a claim. A demurrer tests the legal su¯iciency of the pleadings, raising issues of law...
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...
2024.02.06 Motion for New Trial 974
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.06
Excerpt: ...d September 28, 2023. Plainti¯ was on the stand for about a day. On November 17, 2023, the court issued a Tentative Decision and Proposed Statement of Decision Þnding in favor of defendant and against plainti¯ on her a¯irmative claims and denying defendant restitution based on unjust enrichment on his a¯irmative claim. The court did not believe that oral argument was necessary and no party requested oral argument. On November 30, 2023, t...
2024.02.06 Motion for Attorney Fees 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.06
Excerpt: ...issuing a comprehensive tentative ruling held a hearing on plainti¯s/petitioners' motion for attorneys' fees pursuant to Code of Civil Procedure section 1021.5, which the court granted in part. The court deleted some fees, reduced the hourly fees for some work, and allocated certain fees between the parties. After the hearing, the parties were to meet and confer on these issues and plainti¯s were to submit to the court a proposed order showin...
2024.02.06 Demurrer, Motion to Strike 190
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.06
Excerpt: ...epresenting him in this action—he is representing himself. Pursuant to the law, it is improper for a non-attorney to represent another in litigation. (Bus. & Prof. Code, § 6125 [“No person shall practice law in California unless the person is an active licensee of the State Bar.”]; Birbrower, Montalbano, Condon & Frank v. Superior Court (1998) 17 Cal.4th 119, 128-130 [interpreting section 6125 regarding the practice of law in California]; ...
2024.01.30 Motion to Strike Claim and Prayer for Punitive Damages 073
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.30
Excerpt: ...reof pursuant to Code of Civil Procedure section 435, subsection (b)(1). Such a motion may be made to strike out any irrelevant, false, or improper matter inserted in any pleading, or to strike out all or any part of any pleading not drawn or Þled in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc., §436.) For an allegation of punitive damages to survive a motion to strike, the pleading must alleg...
2024.01.30 Motion for Preliminary Approval of Class Action and PAGA Settlement 986
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.30
Excerpt: ... Class Action and PAGA Settlement provided the parties address the court's ollowing concerns. The Response Deadline shall be 60- days rom initial mailing or re-mailing and opt out, dispute over workweek calculations, or objections shall be postmarked by this deadline. The proposed Settlement Administrator, Phoenix Settlement Administrators, shall Þle a declaration o its qualiÞcations to administer the settlement. The parties shall select a ...
2024.01.23 Demurrer, Motion to Strike 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.23
Excerpt: ...nding The demurrer to the first through third causes of action for lack of standing is sustained. The first cause of action (negligent misrepresentation) alleges that Cross- defendant made false representations in order to avoid the protections afforded a mortgage loan borrower under Civil Code section 2923.5. (FACC 64.) The second cause of action (negligence) alleges that Crossdefendant violated the Truth in Lending Act, the Real Estate Settleme...
2024.01.23 Demurrer, Motion to Strike 641
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.23
Excerpt: ...r to demonstrate that the arguments that defendants County of San Mateo, Child Protectve Services of San Mateo, and Children and Family Services of County of San Mateo's (collectively County) make apply to them. Defendant County's arguments regarding the Bane Act, however, apply equally to the Navarras. However, the court's own research shows that the Navarras are not in the same position as the County. (Health & Saf. Code, S 1527.6, subd. (d)(l)...
2024.01.16 Motion to Seal Portions of Certain Exhibits, for Summary Adjudication, Reconsideration 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.16
Excerpt: ...judication. One motion is scheduled for January 16, 2024 and one motion is scheduled for January 30, 2024. The court advances the January 30, 2024 moton to January 16, 2024. Defendant has previously brought motions to seal, which the court has granted without objection. Similarly, in these two motions to seal, defendant seeks to seal private information about former and current employees and confidential business information. For the same reason ...
2024.01.16 Motion to Compel Deposition, for Terminating Sanctions 763
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.16
Excerpt: ...nd she has not opposed the motion. On September 7, 2021, plaintiff, who was then represented by counsel, filed her complaint. On June 27, 2022, her counsel filed a motion to be relieved of counsel based upon the fact he was unable to communicate with her and she had been non- responsive. Plaintiff failed to oppose the motion, which motion the court granted on August 16, 2022. On September 16, 2022, plaintiff's former counsel provided notice of en...
2024.01.16 Demurrer, Motion to Strike TAC 172
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.16
Excerpt: ...n Haskell shall file their answer(s) pursuant to the Code of Civil Procedure and California Rules of Court. The court notes that on October 10, 2023, in ruling on the prior demurrer, the court stated that the action was still classified as an unlawful detainer action and, if plaintiff wanted to reclassify the action because it had possession of the property, it must take action to have the case reclassified. Plaintiff has not moved to reclassify ...
2024.01.16 Demurrer, Motion to Strike 190
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.16
Excerpt: ...rrer, 4:7-18.) In order to prevail on a cause of action for breach of contract, a plaintiff must prove (1) the contract, (2) the plaintiffs performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff( Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Existence of Contract Plaintiff and defendant jointly purchased the property located at 1326 Kentfield Ave, Redwood City, ...
2024.01.09 Motion to Tax Costs 522
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...ES BY 4:00 P.M. ON FRIDAY, DECEMBER 29, 2023, BUT THE ORAL ARGUMENT WILL BE JANUARY S, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of Plaintiffs/cross- Defendants Thomas Robert arouchoud and Lynda Elaine Flores arouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Tru...

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