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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 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 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...
2023.03.21 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 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 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 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 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...
2023.02.14 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...
2023.02.07 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...

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