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2023.09.12 Petition for Writ of Mandamus 330
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...s "Director of the Department of Motor Vehicles" ("Department"). Wyant was detained and arrested for suspicion of driving under the influence of alcohol. He submitted to a chemical test of his blood on the night of his arrest, and results of that chemical test showed a 0.082 percent blood alcohol content ("BAC") in violation of Vehicle Code section 23152. The Department suspended Wyant's privilege to drive a motor vehicle for four months, from Oc...
2023.09.12 Motions for Summary Judgment, Adjudication, to Seal 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...Snowflake's motion for summary judgment. These exhibits contain both (1) thirdparty personally identifiable information of Snowflake employees and former employees, including performance reviews, employment histories, and financial information; and (2) confidential business information re Snowflake's confidential competitive business information. Public versions have been filed. The private versions were lodged conditionally under seal on June 22...
2023.09.12 Motion to Compel Further Responses, for Sanctions 774
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...and there are no allegations of fraud in the complaint. Plaintiffs' counsel's continued use of these terms elevates the emotions in this case and is unnecessary. The parties are to APPEAR to address the following issues: Plaintiffs' discovery is much broader than appears to be relevant or reasonably calculated to lead to the discovery of admissible evidence regarding the remaining issues in the case. The court's understanding was that plaintiffs ...
2023.09.12 Motion for Summary Judgment, Adjudication 452
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ... Lyudmyla Grytsayenko ("Lyudmyla") and Yuriy Grytsayenko ("Yuriy") (also collectively "Plaintiffs") is ruled on as follows: The Motion for Summary Judgment is GRANTED. The Complaint alleges claims for General Negligence and Premises Liability. (McCann Decl., Exh. A.) Plaintiffs claim that Lyudmyla was forced to walk toward metal cross-bracers that were a part of scaffolding with no padding or warning tape in place, and hit her head against the lo...
2023.09.12 Motion for Preliminary Approval of Class Action Settlement 110
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...ntly determine whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 55, 76—77 ["trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws."]; Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 'The ...
2023.09.12 Demurrer, Motion to Compel Further Responses, for Monetary Sanctions 457
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...ntiffs opposition and accepts counsel's explanation and apology for the reason that the opposition was not filed on time. The court grants defendant's request for judicial notice for the fact that the documents were filed in the court, but not for the truth of the contents of the documents. Plaintiff argues that this demurrer repeats the same arguments as raised in defendant's motion for judgment on the pleadings to the first amended complaint, w...
2023.09.05 Motion for Summary Judgment 014
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.05
Excerpt: ...the Ford pickup truck he was in broke down. (UMF No. 3.) A Caltrans tow truck towed Plaintiff's vehicle and deposited it on university Avenue in Menlo Park, approximately 200 feet from the intersection with Bayfront Expressway. (UMF No. 4.) The tow truck driver left shortly thereafter. (UMF No. 5.) Plaintiff's friend subsequently gave him a ride to AutoZone Auto Parts to purchase parts to repair his truck. (UMF No. 6.) After purchasing the needed...
2023.09.05 Motion for Summary Adjudication 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.05
Excerpt: ...ed fifty-percent interest in the subject property, and Plaintiffs Triple 8 Holdings, LLC and Donald Chua to be entitled to a partition of the subject property. Plaintiffs Triple Eight Holdings, LLC's and Donald Chua's Request for Judicial Notice is GRANTED as to items nos. 1—6 and 12 and DENIED as to items 7—11. Defendant Bernice Turner's Request for Judicial Notice is DENIED as to all items. Defendant Bernice Turner's Evidentiary Objections�...
2023.09.05 Motion for Leave to File FAAs 188
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.05
Excerpt: ....310.) On June 17, 2019, defendants filed answers and no advice of counsel defense was asserted. Since the inception of the case, the action has been vigorously litigated. There have been over 40 hearings on motions, case management conferences and informal discovery conferences, and the docket contains over 550 entries. On December 1, 2020, this case was assigned to the Hon. Nancy L. Fineman for all purposes. The court held its first pretrial co...
2023.08.29 Demurrer to SAC 397
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...(California Rule of Court, rule 3.1320(g); Code of Civ. Proc., S 472b.) If Plaintiff decides not to amend, Plaintiff's counsel shall so notify defense counsel and the parties shall meet-and-confer on a date where defendant County of San Mateo's answer is due. Plaintiff John JV Doe's Request for Judicial Notce is GRANTED. Defendant County of San Mateo's Request for Judicial Notice is GRANTED. The Second Amended Complaint (the "SAC") asserts nine c...
2023.08.29 Motion for Attorney Fees 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ... Coalition for Pacificans for an Updated Plan and Kristen Cramer (plaintiffs) filed this action which inwlves a CEQA challenge to a proposed project called Vista Mar located in Pacifica, California ("the Project"). Both plaintiffs sued on both causes of action. Plaintiffs sued the City of Pacifica (the City) and real parties in interest Monterey Road Pacifica, LLC, Vistamar Development, and Javier Chavarria (real parties). On January 21, 2021, th...
2023.08.29 Motion for Preliminary Approval of Class Action Settlement 277
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...lass Action Settlement Agreement (2) Approval of Notice to Class Members and Related Materials; (3) Approval of Settlement Administrator; and (4) Setting Hearing For Final Approval of Settlement ("Motion") is ruled upon as follows. The Court appreciates the work engaged in by the parties in revising its requests for approval. The Court has conducted an independent review of the request to determine whether the settlement is fair, reasonable and a...
2023.08.29 Motion to Set Aside Labor Commissioner's Order or Award or Vacate Clerk's Judgments, Set New Trial 395
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...d notify Department 4 and all other parties by 4:00 p.m. on August 21, 2023. In these motons in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure secton 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree ...
2023.08.29 Motion to Strike SAC 402
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...the "SAC") asserts nine causes of action against Defendant County of San Mateo (the "County") and one hundred unnamed employees of the County for their respective roles in the alleged sexual abuse committed by Probation Officer John Domeniconi of Plaintiff Jane DT Doe while the latter was a minor. The County moves here for an order striking the entirety of the SAC for Plaintiff's failure to file timely certificates and obtain court approval—as ...
2023.08.22 Motion to Strike 600
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ...assaulted at defendants' massage franchise, and she asserts numerous causes of action and requests punitive damages. Defendants bring this Motion to Strike parts of Plaintiff's First Amended Complaint ("FAC"), seeking to remove "all language regarding fraud, misrepresentation, concealment, and conspiracy." (Memorandum of Points and Authorities in Support of Motion to Strike ("MPA") at 4.) Specifically, inter alia, Defendants request that the Cour...
2023.08.22 Motion to Set Aside Order, Decision, or Award, Vacate Judgment, Set New Trial 395
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ... p.m. on August 21, 2023. In these motions in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure section 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree that there was an error in having two judgments e...
2023.08.22 Motion for Relief from Jury Waiver 065
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ...In a civil cause a jury may be waived by the consent of the parties expressed as prescribed by statute." One such statute, section 631, states that "[iln civil cases, a jury may only be waived pursuant to subdivision (f)." (Code Civ. Proc., S 631, subd. (a).) Subdivision (f) then enumerates the ways in which "[a] party waives trial by jury ... One way is "[b]y failing to timely pay the fee described in subdivision (b), unless another party on the...
2023.08.22 Demurrer to FAC 076
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ...r to specified causes of action or defenses." Defendants' has failed to failed to comply with this rule. The court overlooks that deficiency because plaintiffs have not raised it, but it has made it more difficult for the court to review the demurrer. Plaintiffs object that the demurrer was untimely, but in its discretion, the court is considering the demurrer because there is no prejudice to plaintiffs. Further, it appears that defendants made a...
2023.08.15 Motion to Compel Compliance with Stipulated Protocol for Forensic Analysis, for Monetary Sanctions 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.15
Excerpt: ...RTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant snowflake, Inc.'s Motion to compel Compliance with Stipulated Protocol for Forensic Analysis a...
2023.08.15 Motion to Approve Settlement 119
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.15
Excerpt: ...ULL BELOW AND IF A PARTY HAS CONTESTED THE TENTATIVE, IT IS SO INDICATED. IF THE TENTATIVE IS CONTESTED, THE CONTESTING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING O...
2023.08.15 Motion for Judgment on the Pleadings 550
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.15
Excerpt: ...n on substantive grounds, which appears the most effcient way to resolve this motion rather than denying the motion without prejudice on the procedural ground. A defective pleading may be challenged by demurrer, motion to strike, or motion for judgment on the pleadings. (Coyne v. Krempels, (1950) 36 Cal.2d 257. A motion for judgment on the pleadings, which is authorized by Code of Civil Procedure section 438(b)(1), performs the function of a gene...
2023.08.15 Motion for Entry of Judgment 326
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.15
Excerpt: ...correct address for Department 4 of the Central Courthouse, 800 N Humboldt St, Courtroom G, San Mateo, CA 94401. Therefore, by 4:00 p.m. on August 14, 2023, Plaintiff is to contact defendant to notify him of the correct address of the hearing. Defendant will have until 11:30 on August 15, 2023 to contest the tentative and plaintiff shall also inform defendant of this deadline. Plaintiff shall then APPEAR at the hearing to confirm that this notice...
2023.08.08 Motion to Compel Compliance with Stipulated Protocol for Forensic Analysis, for Monetary Sanctions 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.08
Excerpt: ...CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT TH AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant Snowflake, Inc.'s Mohon to Compel Compliance with Stipulated Protocol for Forensic Analysis and Request for Monetary Sanctons is GRANTED for the reasons set forth below. In November 2022, the parties entered into a Stipulated P...
2023.08.08 Motion to Approve Settlement of Claims, for Attorney Fees, to Dismiss Action 119
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.08
Excerpt: ...NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES ay 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. The court VACATES the case Management Conference set for September 12, 2023 at 2:00 p.m. and resets it for Septem...
2023.08.08 Motion for Terminating Sanctions, Further Monetary Sanctions 161
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.08
Excerpt: ..., 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant Joseph's Motion for Terminating Sanctions and Further Monetary Sanctions is DENIED. "The trial court may order a terminating sanction for discovery abuse after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informa...

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