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2023.07.25 Application for Payment of Fees and Discharge 627
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.07.25
Excerpt: ...DOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. For the reasons stated below, the Court-appointed Referee Hon. Joseph F. Biafore, Jr.'s (Ret.) "Supplemental Application for Payment of Fees and Discharge," filed May 19, 2023, is GRANTED-IN-PART and DENIED-IN-PART. code Civ. Proc. Sects. 873.810; 874.010 et. seq. Background. The Court's prior orders summarize the case background, which th...
2023.07.25 Demurrers 701
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.07.25
Excerpt: ...2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Defendants James Kochman's and Terrie Kochman's Demurrer to Plaintiff Tellus App, Inc.'s Complaint is OVERRULED. Defendants shall serve an answer within five calendar days of notice of entry of order. (Code of Civ. Proc., S 1167.3; Cal. Rules of Court, rule 3.1320(g).) Defendants James Kochman and Terrie Kochman (collectively "the Kochmans") here specially demur to the C...
2023.04.25 Motion for Relief 750
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.25
Excerpt: ...s that Defendant claims are the result of mistake, inadvertence, surprise or excusable neglect. First, Defendant claims that the amended memorandum filed on February 1, 2023 exceeded the 15-page limit under California Rules of Court Rule 3.1113(d) because Defendant's counsel did not understand the Court's January 23, 2023 Order since it contained a typographical error referring to "CRC 3.113" instead of "CRC 3.1113." Defendant's counsel further c...
2023.04.25 Motion for Preliminary Approval of Class Settlement 057
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.25
Excerpt: ...ation set forth in bold below. The Court finds the settlement to be within the range of reasonableness of a settlement that ultimately could be granted approval by this Court at the final fairness hearing. Plaintiff's counsel is experienced in class litigation, the case was vigorously contested by Defendant and its experienced counsel, the parties engaged in discovery and Plaintiffs' counsel hired a damage expert, the settlement was reached after...
2023.04.25 Motion for Leave to File Action 991
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.25
Excerpt: ...nment Code S 946.6. That statute provides, in pertinent part, as follows: (c) The court shall relieve the petitioner from the requirements of Section 945.4 the court finds that the application to the board under Section 911.4 was made within a reasonable time not to exceed that specified in subdivision (b) of Section 911.4 and was denied or deemed denied pursuant to Section 911.6 and that one or more of the following is applicable: (1) The failur...
2023.04.25 Demurrer to FAC 242
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.25
Excerpt: ...sy copy of the filed documents, including a nicely tabbed file for the Request for Judicial Notice, counsel for Defendants is directed to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. California Rule of Court 3.1110(f)(4) ("electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles ...
2023.04.18 Motion to Compel Further Responses, for Monetary Sanctions 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.18
Excerpt: ...ctions as follows: Discovery is broad and its purpose is to provide information so that there are no surprises at trial. See Children's Hosp. Central. Cal. v. Blue Cross of Cal. (2014) 225 Cal.App.4th 1260, 1276; Code of Civ. Proc. S 2017.010. One way that parties obtain this information is through contention interrogatories, which are authorized by Code of Civil Procedure section 2030.010(b). On August 16, 20231, twenty months ago, Plaintiffs fi...
2023.04.18 Motion for Leave to File FACC 391
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.18
Excerpt: ...act to a claim for breach of contract (fourth cause of action) and to add a cause of action for unjust enrichment/quantum meruit against new defendants, the clients. Ryan opposes the amendment. A court has discretion to allow an amendment to a pleading on any just terms and at any time, even after commencement of trial. Code of Civ. Proc., SS 473, 576. The statutes that give courts authority to allow amendments are to be construed liberally in fa...
2023.04.11 Demurrer to SAC 007
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.11
Excerpt: ...ng for Redwood City. The Demurrer of Defendant Margaret Young ("Defendant") to the Fifth Cause of Action for Negligent Entrustment of a Motor Vehicle in the Second Amended Complaint ("SAC") by Plaintiff Mary Helena Celine Joseph, individually and as successor-in- interest to Gryselda Joseph ("Plaintiffs"), is OVERRULED. The rules for a demurrer are well known: In reviewing the demurrer, the Court construes the allegations liberally, reading the c...
2023.04.11 Demurrer to FAC 172
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.11
Excerpt: ...plaint is SUSTAINED WITH LEAVE TO AMEND for the reasons set forth below. Plaintiff is to file a Second Amended Complaint no later than five (5) days after service of written notice of this order. Plaintiffs Request for Judicial Notice is GRANTED. Defendants demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts sufficient to constitute a cause of action, and specially, on the bases that Haskel...
2023.04.11 Claim of Exemption Hearing 814
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.11
Excerpt: ...ather than 8(1) North Humboldt St., San Mateo, CA 94401, where Judge Fineman's courtroom is located. Defendant went to City, but was then able to connect to the hearing via Ztnm. As a result of Defendant's argument and the fact that the notice indicated the incorrect court location, the Court continued the hearing to April 11, 2023 and provided leave to Defendant to file additional information with the Court by April 4, 2023. Defendant has not fi...
2023.04.04 Demurrer 996
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.04
Excerpt: ...hilip Morris Inc. (1975) 54 Cal.App.3d 7, 18.) The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not contentions, deductions or conclusions of fact or law). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-957.) A. First Through Fourth Causes of Action (Negligence) The Demurrers to the first, second, third, and fourth causes of achon are OVERRULED. The ground for each demurrer is t...
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...
2023.03.28 Special Motion to Strike 427
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.28
Excerpt: ...ivil Procedure section 435.16 (Anti-SLAPP) as follows: BURDEN OF PROOF ON A SLAPP MOTION "Enacted by the Legislature in 1992, the ant-SLAPP statute is designed to protect defendants from meritless lawsuits that might chill the exercise of their rights to speak and petition on matters of public concern." Wilson v. Cable News Network, Inc. (2019) 7 Cal.5th 871, 883—884 (citations omitted). In Bonni v. St. Joseph Health System (2021) 11 Cal.5th 99...
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 to Quash Deposition Subpoena 456
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.28
Excerpt: ...s set forth below. Request for Judicial Notice. Defendant/cross-complainant Milana Ostroy's 3-16-23 and 3-17-23 Requests for Judicial Notce are GRANTED. Evid. Code Sect. 452(d). Milana's Ostoy"s Opposition. Plaintiff Yelnin correctly notes that Milana Ostroy filed her 3-16-23 Opposition brief one day late. Pursuant to Code of Civil Procedure Section the Opposition was due March 15. In its discretion, however, the Court has considered Ostroy's Opp...
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...

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