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2023.03.28 Motion to Compel Further Responses 666
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.28
Excerpt: ...s: The Court finds that since no opposition has been filed for this properly served motion, all procedural objections to the motion, if any, have been waived. a. Form Interrogatory No. 6.7 This form interrogatory asks for information regarding any health care provider that advised future treatment is needed for Plaintiff's injuries, including the name and address, the complaints for which treatment was advised, and the nature, duration and estima...
2023.03.28 Motion for Summary Judgment, Adjudication 272
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.28
Excerpt: ...iffs were contesting the hearing. However, Plaintiffs' counsel appeared by Zoom and, despite repeated efforts by the Court to have Plaintiffs' counsel make an appearance when the case was called, Plaintiffs' counsel never was able to obtain an audio connection to address the Court (the Court could see Plaintiffs' counsel on the screen). Therefore, with defense counsel's agreement, the Court continued the motion to March 28, 2023 for argument. Pla...
2023.03.28 Motion for Class Certification and Appointment as Class Counsel 267
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.28
Excerpt: ...earned wages (second), (3) failure to prov-de accurate wage statements (sixth cause of action), and (4) unfair competition as derivative of the first, second and sixth causes of action (eighth cause of action) for the following class certified and defined as: All California owner-operator franchisee cleaners who signed a franchise agreement that did not include any arbitration agreement with Vanguard Cleaning Systems, Inc., or its regional franch...
2023.03.21 Motion to Set Aside Entry of Default and Vacate Default 073
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.21
Excerpt: ...erver and Defendants have filed a reply. The Court GRANTS the motion. FACTS On February 6, 2023, Plaintiff filed three proofs of service showing person service by a registered process server on each of the three defendants on January 28, 2023 at 10:08 a.m. In support of the moving papers, Defendants each filed a declaration stating that they were not personally served. Pauli and Paleste Tau declare that they were home that day, but were never ser...
2023.03.21 Motion in Limine 901
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.21
Excerpt: ...23 for ease of tracking: The Court rules on Defendants' Motion in Limine No. 13 to Exclude Permanent Nuisance Damages as follows: The Court GRANTS the unopposed Requests for Judicial Notice. The Court takes judicial notce of these documents' existence, the date and nature of the acts and pleadings, but not necessarily for the truth of facts asserted within the documents. Julian Volunteer Fire Co. Assn. v. Julian-Cuyamaca Fire Protection Dist. (20...
2023.03.21 Motion for Summary Judgment, Adjudication 272
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.21
Excerpt: ...urthouse. Department 4 is located at the Central Courthouse, 800 North Humboldt St., Courtroom G, San Mateo, CA 94401. Plaintiffs, however, noticed the hearing for Redwood City. OBJECTION TO SEPARATE STATEMENT Defendants object to Plaintiffs' separate statement of Undisputed Material Facts ("SSUMF") for failure to comply with California Rules of Court 3.1350(b),(h). Plaintiffs' Notice of Motion indicates that summary judgment/adjudicaton is sough...
2023.03.21 Motion for Preliminary Approval of Class Action Settlement Agreement 277
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.21
Excerpt: ... whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 75—77.) After conducting this independent review of this proposed settlement, the Court DENIES WITHOUT PREJUDICE Plaintiff Y. Thomas' Motion for (1) Preliminary Approval of Class Action Settlement Agreement; (2) Approval of Notice to Class Members and Related Materials; (3) Approval of Settlement Administrator; and (4) Setting Hearing fo...
2023.02.28 Motion to Vacate Renewal of Judgment 305
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.28
Excerpt: ...n the amount of $17,086.48. On November 11, 2022, Plaintiff's assignee filed the renewal of judgment, which on December 20, 2022 was served by mail on Defendant. On January 24, 2023, Defendant filed a motion to vacate the renewal of judgment. While Defendant admits to receiving notice of the lawsuit in 2011, he states under penalty of perjury that he was never personally served with the summons and complaint in the action and that he was at work ...
2023.02.21 Motion to Compel Further Responses 236
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.21
Excerpt: ... for Production Nos. 3 and 7 seek information relating to financial statements and financial reports from Philemon Investments during the period from 2015 to 2020. According to Defendants, “[Plaintiff's] restaurant was struggling financially and would have closed regardless of any failed purchase deal with third parties. The information sought in the Requests at issue here are clearly relevant to disprove an element of Plaintiffs' case . . . .�...
2023.02.21 Motion in Limine 901
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.21
Excerpt: ...he date and nature of the acts and pleadings, but not necessarily for the truth of facts asserted within the documents. Julian Volunteer Fire Co. Assn. v. JulianCuyamaca Fire Protection Dist. (2021) 62 Cal.App.5th 583, 600, review denied (June 30, 2021); Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7. The Court, as the parties point out, has already ruled on many of these issues. Now that evidence has been presented through Phase 1 of t...
2023.02.21 Motion for Determination of Good Faith Settlement 339
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.21
Excerpt: ...ourt sets out the tentative provided for the February 14, 2023 hearing: The parties are to APPEAR (Zoom appearances are allowed) on Defendant/Cross-Defendant Broadway by the Bay's (“Broadway”) Motion for Determination of Good Faith Settlement. The Court's tentative, in evaluating the policies under Code of Civil Procedure §877.6 and Tech-Bilt Inc., v. Woodward-Clyde & Assoc. (1985) 38 Cal. 3d. 488, 499 is to continue the motion to allow disc...
2023.02.14 Demurrer 765
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ... its discretion to still consider it since there does not appear to be any prejudice to the County since it filed a substantive reply. It appears that the opposition was late because Plaintiff did not realize that Monday, February 13, 2023 is a court holiday, a mistake that many people make. The Demurrer is OVERRULED based on failure to allege facts sufficient to support the claim for dangerous condition of public property. “A public entity had...
2023.02.14 Demurrer 896
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ...iv. Proc. Sect. 430.10(e)), that the Complaint is “uncertain” (Sect. 430.10(f)), and that this case should be “abated” pending resolution of an earlier-filed civil case involving these same parties (Sect. 430.10(c)). The Court disagrees. The Complaint sufficiently states a cause of action for unlawful detainer (UD). Civ. Code Sect. 1161(1). It alleges that Defendants Broers and Olabi entered into lease agreements for the Premises, that th...
2023.02.14 Motion to Compel Individual Arbitration, Dismiss PAGA Claims, Stay Proceedings 088
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ... raised in trial courts throughout California as a result of the United States Supreme Court' s decision in by Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 (“Viking River Cruises”).) There are cases winding their way through the California appellate courts on this issue. Based upon the ruling in Viking River Cruises and applicable California law, the Court GRANTS Defendant's motion to compel arbitration of Plaintiff Luz Saavedr...
2023.02.14 Motion to Strike Prejudgment Claim of Right to Possession 261
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ... Procedure § 387(d)(2) provides: “The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” Plaintiff acknowledges that Claimant is seeking to intervene. See Memorandum filed January 24, 2023 at 6. Likewise, Defendant understands that “if I make this claim of possessio...
2023.02.14 Motion for Determination of Good Faith Settlement 339
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ...88, 499 is to continue the motion to allow discovery as to Broadway's financial condition and its insurance coverage. See City of Grand Terrace v. Sup.Ct. (1987) 192 Cal.App.3d 1251, 1265. The parties shall meet-and-confer prior to the hearing to discuss the timing and scope of that discovery. The evidence demonstrates that liability is disputed and there is evidence where a fact finder could find Broadway the primary tortfeasor as well as eviden...
2023.02.07 Demurrer to FAP 493
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.07
Excerpt: ...61 Cal.4th 435, 441; Health and Safety Code § 50003(a). The First Amended Petition alleges facts demonstrating the City's efforts to mitigate the housing crisis in its city. As has become increasingly frequent, solutions to solving the housing crisis comes into potential conflict with policies protecting the environment. In 1970, the California Legislature enacted the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et...
2023.01.31 Special Motion to Strike Complaint 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.31
Excerpt: ...t repeats its tentative from the September 20 and November 1, 2022 hearing: The Hon. Nancy L. Fineman discloses that she received via regular mail a letter dated August 19, 2022 from Defendant to the Commission on Judicial Performance, which was not served on Plaintiff. The referenced attachments were not enclosed. The special motion to strike, filed by Cross‐defendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐comp...
2023.01.31 Petition for Coordination 264
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.31
Excerpt: ..., Garcia et al. v. Citibank N.A., San Diego Superior Court Case No. 37‐ 2022‐00005196 (“San Diego case”, and Monasterio v. Citibank, N.A., San Mateo Superior Court Case No. 20Civ03650 (“San Mateo case”) should be coordinated pursuant to Code of Civil Procedure section 404 et seq. As a preliminary matter, the Court finds that the actions are complex. They are both wage‐andhour PAGA (Private Attorney General Action) cases. When simila...
2023.01.31 Motion to Quash Subpoenas 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.31
Excerpt: ... privacy is the provision's central concern. (Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 35.) In Hill, we established a framework for evaluating potential invasions of privacy. The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Id. at pp. 35–37.) The party seeking inf...
2023.01.31 Motion for Summary Judgment 806
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.31
Excerpt: ...sed on: (1) an open book, (2) an account stated, (3) goods sold and delivered, and (4) an account extended. However, Plaintiff's memorandum of points and authorities in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.5‐7; see also Proposed Judgment) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is...
2023.01.24 Demurrer 242
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.24
Excerpt: ... Sect. 430.10(e). First Cause of Action (“Violation of Due Process: 42 U.S.C. 1983”) As to First Cause of Action alleging a “Violation of Due Process: 42 U.S.C. Sect. 1983,” the Demurrer is SUSTAINED. Code Civ. Proc. Sect. 430.10(e). First, Plaintiff's Opposition does not appear to meaningfully address this cause of action, or respond to Defendants' contention that the claim is time‐barred. Instead, the Opposition appears to focus solel...
2023.01.17 OSC Re Preliminary Injunction 679
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.17
Excerpt: ...man”), Gail Suzanne Marie Teymourian, and2700 Middlefield Road LLC (collectively “Plaintiffs”) is DENIED. Procedurally, the Court notes that Plaintiffs' memorandum filed in support of the ex parte application and OSC is in excess of the fifteen‐page limit. (See Cal. Rules of Court Rule 3.1113(d).) Therefore, Plaintiffs are cautioned to comply with the page limit requirement in the future, or else the Court may not consider the entirety of...
2023.01.17 Motion for Summary Judgment, Adjudication 774
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.17
Excerpt: ... are minor. For instance, Plaintiffs violated California Rule of Court 3.1350(b). Others are more substantial and have hindered the Court in reviewing the motion. For example, both parties violated California Rules of Court 3.1350(d)(3) by, at times, by failing to cite to specific pages. Plaintiffs also incorporate by reference facts set forth in their motion to class certification without specifying all specific pages. Plaintiff provide hyperlin...
2023.01.17 Demurrers to SAC 997
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.17
Excerpt: ...et forth below. Pizziconi shall fill an amended complaint no later than ten (10) days after service of notice of entry of this order. California Rule of Court 3.1320(g); Code of Civil Procedure § 472b. Bylkylov's Request for Judicial Notice is GRANTED. By this Demurrer, Bylkylov demurs to Pizziconi's Second Amended Complaint (the “SAC”) on the basis that the complaint as a whole and the second through fifth causes of action therein fail to s...
2023.01.10 Demurrer 236
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.10
Excerpt: ...on as required for contract and business interference and failed to alleged an independently wrongful act as required for intentional and negligent interference with prospective economic relations. Order Sustaining Demurrer to Second Amended Complaint filed August 30, 2022. Plaintiffs have filed the Third Amended Complaint adding a cause of action for negligent misrepresentation and additional facts based, inter alia, on deposition testimony of D...
2023.01.10 Motion to Terminate Stay, for Deposit of Rents 369
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.10
Excerpt: ... that under the facts of this case, Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367 requires a stay of this proceeding because if Defendant is successful in Guichang Tian v. Microcredit Loan Fund, San Mateo Case No. 21Civ06731, Plaintiff will not have standing to prosecute this case. Plaintiff attempts to distinguish the case from this proceeding, pointing to the fact that the defendant in that case claimed title for himself while Defendants c...
2023.01.10 Motion to Set Aside Default Judgment 474
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.10
Excerpt: ...rounds on which Defendant brings his motion, must be made “within a reasonable time, in no case exceeding six months” after judgment is entered. (Code of Civ. Proc. § 473(b).) Judgment for possession and judgment for damages were entered on December 19, 2014, and June 10, 2015, respectively. Defendant filed this motion November 22, 2022, more than six months after entry of both judgments. Further, Defendant's having filed a Motion to Tax Cos...
2022.12.20 Motion for Sanctions 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.20
Excerpt: ... Civil Procedure section 2030.290, subdivision (c) authorizes a court to impose various sanctions prescribed under Code of Civil Procedure sections 2023.010 and 2023.030 on a party who fails to obey a court order compelling responses to interrogatories. (Code of Civ. Proc., § 2030.290, subd. (c) [all further references are to the Code of Civ. Proc. unless designated otherwise].) Section 2031.300, subdivision (c) authorizes the same with respect ...
2022.12.20 Demurrer to SAC 385
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.20
Excerpt: ...e Civ. Proc. Sect. 430.10(e). Defendants' 11‐1‐22 unopposed Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). As to court‐filed documents, the court takes judicial notice of their contents and filing dates, but does not take judicial notice of the truth of statements/allegations therein. The Court notes that after this Demurrer was filed, Plaintiff dismissed all named defendants except for demurring party Walgreen Co. (12‐2...
2022.12.20 Demurrer to FAC 007
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.20
Excerpt: ... in the First Amended Complaint by Plaintiff Mary Helena Celine Joseph, individually and as successorin‐interest to Gryselda Joseph (“Plaintiff”), is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. The elements of a claim for negligent entrustment of a motor vehicle are: (1) that the driver was negligent in operating the vehicle; (2) that the defendant owned the vehicle or had possession of t...
2022.12.13 Motion for Summary Judgment, Adjudication 974
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.13
Excerpt: ... for hearing of the motion is less than 30 days before the date of trial – January 11, 2023 – and Plaintiff has not sought or obtained a determination that there is good cause to hear the motion less than 30 days before trial. Accordingly, Plaintiff's motion is procedurally defective under Code of Civil Procedure § 473c. Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268. Defendant seeks sanctions based on Plaintiff's failure to withdraw th...
2022.12.13 Demurrer to TAC 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.13
Excerpt: ...rd Amended Complaint (“TAC”). Plaintiff filed the amended complaints in response to demurrers and motions to strike filed by Defendants before the Court could rule on any of the motions. Finally the demurrers came before this Court for ruling and on November 1, 2022, the Court issued tentative rulings for Defendants Laikun Lei and Kei Leung's demurrer and motion to strike the Third Amended Complaint (“TAC”). The Court granted the joinders...
2022.12.06 OSC Re Dismissal 691
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.06
Excerpt: ...sented by counsel. Defendant correctly pointed out that an entity must be represented in litigation by an attorney. Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 730; CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145; Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101–1103. However, the rule does not deprive a corporation the right to be a party t...
2022.12.06 Motion to Strike 546
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.06
Excerpt: ...017. The Court notes that the proof of service to the reply is not signed. The Court rules on Defendant John Cowan's Motion to Strike portions of Plaintiff Barbie Barrett M.D.'s 8‐31‐22 Complaint as follows. Emotional distress damages While generally, a lawyer does not assume or “create a duty to protect the client's emotional state,” Friedman v. Merck & Co. (2003) 107 Cal.App.4th 454, 472‐473, when “a plaintiff sufficiently alleges i...
2022.12.06 Demurrer 546
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.06
Excerpt: ...rt rules on Defendant John Cowan's Demurrer to Plaintiff Barbie Barrett M.D.'s 8‐31‐ 22 Complaint as follows: Defendant demurrers to the First, Second and Fifth causes of action alleging that they do not state facts upon which relief can be granted because they are not pled with sufficient specificity and/or particularity. Code Civ. Proc. § 430.10(e). The rules for a demurrer are well known: In reviewing the demurrer, the Court construes the...
2022.11.15 Motion for Judgment on the Pleadings 375
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.15
Excerpt: ...nstitute a defense to the complaint.” (Code of Civ. Proc. Section 438, subd. (c)(1).) The motion fails to make that showing. A. For Judgment on the Pleadings, a General Denial Overcomes a Properly Pleaded Complaint. The Judicial Council Form Complaint sufficiently pleads common counts for account stated, goods sold and delivered, money lent, and money paid. The next question is whether the Answer controverts the Complaint's allegations. Defenda...
2022.11.15 Motion to Compel Further Responses 997
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.15
Excerpt: ...compelling further responses to an interrogatory if “[a]n answer to a particular interrogatory is evasive or incomplete.” (Code of Civ. Proc., § 2030.300, subd. (a).) By this Motion, the State of California (the “State”) seeks to compel a further response from Darkhan Bylkylov (“Bylkylov”) to Form Interrogatory No. 17.1 propounded in its second set of form interrogatories. The interrogatory requests, inter alia, that Bylkylov provide...
2022.11.15 OSC Re Preliminary Injunction 439
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.15
Excerpt: ...ton Ave., Belmont, Ca., is GRANTED‐IN‐PART and DENIED‐IN‐PART. The Application is GRANTED as to Parcel Nos. 043‐ 102‐170, 043‐102‐260, 043‐102‐270, and DENIED as to Parcel No. 043‐ 102‐180. Pending resolution of this case or until further Order from the Court, Defendants are HEREBY ENJOINED from conducting a foreclosure sale of Parcel Nos. 043‐102‐170, 043‐102‐260, 043‐102‐270. Background. The following facts a...
2022.11.08 Motion to Compel IME 562
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.08
Excerpt: ...(1990) 224 Cal.App.3d 1249, 1254–55 (additional IME's permitted upon showing of good cause). Plaintiff alleges that during a 2017 pickup volleyball game at Stanford University, Defendant picked Plaintiff up and accidentally dropped Plaintiff on the top of her head, causing Plaintiff severe injuries, including traumatic brain injury, concussion, jaw fracture, and osteomyelitis in her jaw (a bone infection). Since the 2017 incident, Plaintiff has...
2022.11.08 Motion for Summary Adjudication 800
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.08
Excerpt: ...ve, for Summary Adjudication of the question of whether the Option Agreement between the parties was a loan.”]; see also Defendant's Memorandum.) However, the Court previously denied Defendant's motion for summary judgment to this same cause of action after Defendant argued that the Option Agreement was not a loan. (See Order filed July 18, 2022.) The Court found that a triable issue of material fact existed as to whether the transaction betwee...
2022.11.08 Motion for Clarification and Reconsideration 714
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.08
Excerpt: ...on. Jamie Jacobs‐May (ret.). No hearing was required. (Marathon Nat. Bank v. Sup. Ct. (1993) 19 Cal.App.4th 1256, 1258.) A reconsideration motion must be "based upon new or different facts, circumstances, or law" and a valid reason for not presenting them earlier. (CCP SEC 1008; Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500.) Plaintiff makes none of these showings. Rather, Judge Jacobs‐ May's 21‐page report makes clear that the obj...
2022.11.08 Demurrer 976
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.08
Excerpt: ...ly pleads assignment from West Builders, Inc. to Museum Plaza LLC on its first two pages. Overruled. Second/Third, other parties may be found culpable with Steadfast. Thus, equitable indemnity and contribution claims are appropriate at the pleading stage. Further, as shown by CCP 877, culpability may be spread among a mix of tortfeasors and contract obligors. Overruled. Fourth, an insurer and insured have a "special relationship," but the insurer...
2022.11.01 Special Motion to Strike 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.01
Excerpt: ...9, 2022 from Defendant to the Commission on Judicial Performance, which was not served on Plaintiff. The referenced attachments were not enclosed. The special motion to strike, filed by Cross‐defendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐complaint and each cause of action. Code of Civil Procedure section 425.16, the anti‐SLAPP statute (“strategic lawsuit against public participation”), is designed to pr...
2022.11.01 Motion to Compel Responses 310
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.01
Excerpt: ...ate steps to have the original Brotman Declaration removed from the Court file and replaced by a redacted copy. Even if Plaintiff does not believe that the document contains confidential information, she may not file documents designated by Defendant in the public court file. The Supreme Court has instructed trial courts to use the following framework in deciding discovery disputes that involve the privacy rights: The state Constitution expressly...
2022.11.01 Demurrer to TAC 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.01
Excerpt: ...S OF ACTION Any Defendant, if the required meet‐and‐confer is unsuccessful, may challenge any new cause of action asserted in the Third Amended Complaint by subsequent motion/demurrer. JOINDER The joinder by Yafei Luu, Chao Liu, and Zhiying Qiu is GRANTED. DEMURRER ON FAILURE TO JOIN INDISPENSIBLE PARTIES Nianshun Construction Co., Ltd. has now been added as a plaintiff. Therefore, Defendants' argument that there is a failure to join it as an...
2022.10.25 Proposed Judgment and Peremptory Writ of Mandate 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.25
Excerpt: ...als. In entering a judgment, the Court must find in favor of one party. Kosta, Practice Under the California Environmental Quality Act §§ 23.117 et seq. The Court finds that Plaintiffs are the prevailing party and judgment should be entered in their favor. This finding includes taking into consideration that the parties have stipulated to dismiss the second cause of action. Plaintiffs and respondent City of Pacifica apparently agree that the Co...
2022.10.25 Demurrer to FAC 632
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.25
Excerpt: ...��) demurs to the First Amended Complaint (the “FAC”) and each cause of action therein on the grounds of (1) uncertainty and (2) failure to state facts sufficient to constitute a cause of action. As a preliminary matter, Defendant did not offer any argument or authority regarding any uncertainty in the FAC, and thus the Court overrules the portion of the demurrer made on those grounds. (See Quantum Cooking Concepts, Inc. v LV Assocs., Inc. (2...
2022.10.18 Motion to Compel Depositions, for Sanctions 495
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.18
Excerpt: ... a duty to meet‐and‐confer in good faith. “The statute requires that there be a serious effort at negotiation and informal resolution. . . . Argument is not the same as informal negotiation; that attempting informal resolution means more than the mere attempt by the discovery proponent to persuade the objector of the error of his [or her] ways; and that a reasonable and good faith attempt at informal resolution entails something more than b...
2022.10.18 Motion to Apportion Costs of Partition 359
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.18
Excerpt: ...pon the facts of this case. Costs of partition include “[r]easonable attorney's fees incurred or paid by a party for the common benefit.” (Code of Civ. Proc. § 874.010(a).) The Court can award attorneys' fees to a defendant who opposes partition. (Orien v. Lutz (2017) 16 Cal.App.5th 957, 967 citing Riley v. Turpin (1960) 53 Cal.2d 598, 601‐603.) The motion is properly brought post‐judgment. (Code of Civ. Proc. §§ 874.010, 1033.5(b).) P...

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