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2024.06.17 Demurrer 025
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.17
Excerpt: ...ion of the contracts, but plaintiffs' interpretation must be accepted as correct on a general demurrer. (Aragon -Haas v. Family Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239.) No precise amount of harm nee d be pled. (CACI 303(5).) And a "general demurrer does not lie to a portion of a cause of action and, if any part of a cause of action is properly pleaded, the demurrer will be overruled. (Elder v. Pacific Bell Telephone Co. (2012...
2024.06.17 Motion for Determination of Good Faith Settlement 878
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.17
Excerpt: ...ee Omara's application for determination of good faith settlement is denied without prejudice - and the motion opposing the application is granted. Omara drove a vehicle that collided with a San Francisco police vehicle, allegedly after she ran a red light at 2:20 a.m. Plaintiff was Omara's passenger. As Omara recites, factors in determining whether a settlement is in good faith include: "(1) a rough approximation of the plaintiff'...
2024.06.10 Motion to Compel Further Responses, for Sanctions 896
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ...pportunity to su bmit further supplemental briefing on the issues raised by the motion to compel, and in response to the Court's tentative issued on January 26, 2024. Having considered both parties' supplemental briefing, the Court declines to change its tentative ruling and will adopt the tentative as issued on January 26, 2024, which the Court reproduces in its entirety here: In the present discovery dispute before the Court, the parties stro...
2024.06.10 Motion for Terminating Sanctions 314
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ...and his coun sel, Ms. Stratte,” filed Jan. 11, 2024, is GRANTED -IN -PART, in the amount of $1,000 of monetary sanctions against Defendant Alexander. The Motion is otherwise DENIED. Plaintiff's request for sanctions against Defendant Alexander. With this Motion, Plainti ffs s ee k a l itany of san c ti on s a gai n st D efen d an t Timothy Alexander, for Defendant's alleged non -compliance with court orders dated 12- 5-22 and 12- 11 -23. Speci...
2024.06.10 Motion for Leave to File Complaint 334
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ..., 2021 Plaint iffs Julian Morrisette and Jasenia Quintana Lopez filed a complaint alleging habitability violations and personal injuries stemming from exposure to mold at the apartment unit they rented from defendants located in the City of Colma. Defendants timely file d their answer on July 26, 2021. Forward progress in the litigation was stymied by service issues and other matters and the matter was ultimately ordered to alternative dispute ...
2024.06.10 Demurrer to Complaint 607
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ...ir obligation to meet and confer under Code of Civil Procedure section 430.41(a). See Declaration of Daniel S. Mason (the “Mason Declaration”), ¶ 2. The Complaint Sufficiently Alleges a Cause of Action for Breach of Contract. Plaintiffs allege, inter alia, that they and Defendants established an oral contract in 2005, involving Plaintiffs' finding and managing clients to lease Defendants' billboards for compensation and security: because th...
2024.06.10 Demurrer 074
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ...“HOA”), Gary W. Ernst (“Ernst”), David R. Alvarez, Erika R. Alvarez, Robert F. Dobel II, Maryanne Dobel, Thomas Greenberg, Jonas Wright Barbour and Luna Annemarie Chu (collectively “Defendants”) to the Complaint by Plaintiffs Sung Sim Park and Matthew Moskewicz (“Plain tiffs”) is ruled on as follows: BACKGROUND Plaintiffs are the owners of 3875 Jefferson Avenue in Redwood City, CA, which is part of the Lynda Lake Gardens ("LLG...
2024.06.03 Motion to Disqualify Counsel 292
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ... A trial co urt's authority to disqualify an attorney derives from the power inherent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it , in every matter pertaining thereto.” Ultimately, disqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain e...
2024.06.03 Motion to Compel Docs, to Seal 259
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ...NTED IN PART and DENIED IN PART, as set forth below. As a threshold matter, Impossible Foods brings this Motion pursuant to Code of Civil Procedure sections 2030.300, 2031.310 and 2031.320. (See Impossible Foods' Notice of Motion.) Thus, Impossible Foods appears to be bringing both a motion to compel further responses and a motion to compel compliance as to the Requests for Production of Documents (“RFP”). (See Code Civ. Proc., §§ 2031.310,...
2024.06.03 Motion for Summary Judgment 238
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ...is filed up on giving five days' notice, and shall be granted or denied on the same basis as a motion under Section 437c. Cal. Code of Civil Procedure Section 1170.7. Cal. Code of Civil Procedure Section 437c(b)(1) provides that an MSJ “shall be supported by affidavit s, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” Under Aguilar v. Atlantic Richfield (2001) ...
2024.06.03 Demurrer to SAC 308
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ...land lying be tween the respective real proper -ties of Plaintiff Teg Partners, LLC (“Teg”) on the one hand and Defendants Brad J. Lucas and Melanie Lucas (the “Lucases”) on the other. The Second Amended Complaint (the “SAC”) alleges that the strip of land is a paper str eet per the developer's map recorded on August 5, 1907. (See Oct. 8, 2024 Second Amended Complaint (“SAC”), ¶¶ 11 –13, exhs. 45.) The SAC also alleges that th...
2024.06.03 Demurrer 444
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ... Complaint (“FAC ”) alleges, inter alia, that Defendants misled them about the extent of water and mold damage in a commercial condominium Plaintiffs purchased. Defendant Lorton Avenue Commercial Condominiums then filed a Cross- Complaint against Moes 1-10 inclusive, later amended to name Defendant Marc Pope as Moe Cross- Defendant 1 and Defendant Cushman and Wakefield U.S. Inc. as Moe Cross- Defendant 2. The Cross-Complaint alleges causes ...
2024.05.20 Demurrer, Motion to Strike 407
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...OUT LEAVE TO AMEND w ith respect to the First, Second, Third, and Fifth Causes of Action pursuant to Cal. Code of Civil Procedure Sections 430.10(e), 335.1, 340.5, 340(c). The Demurrer to the Fourth Cause of Action for Fraud is SUSTAINED WITH LEAVE TO AMEND to allege a cause of action for fraud, because leave had not been previously granted to add an additional cause of action. Defendants' Request for Judicial Notice is GRANTED pursuant to Cal. E...
2024.05.20 Demurrer 767
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...r Judicial Notice (RJN) is GRANTED. (Evid. Code Sect. 452(d).) Ferrari N.A.'s dismissal in Case No. 18CIV06808 was without prejudice, and thus does not bar/preclude a subsequent suit against Ferrari, N.A., assuming the statute of limitations has not expired. As Ferrari notes, on 6 -27- 23, in Case No. 18CIV06808 (the “2018 case”), the Court issued an Order dismissing Ferrari N.A. pursuant to Code Civ. Proc. Sect. 583.210(a), which mandates di...
2024.05.20 Motion to Strike Allegations 447
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...n alleged oral agreement between the parties to transfer title to a house purchased solely in Defendant's name into the parties' names jointly. The operative verified First Amended Complaint (“FAC”) brings causes of action for (1) quiet title; (2) declaratory relief; (3) partition and accounting; (4) fraud; (5) constructive fraud; (6) negligent misrepresentation; (7) breach of fiduciary duty; (8) imposition of a constructive trust; (9) to e...
2024.05.20 Motion for Leave to Conduct Specified Discovery 269
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...tion contained a request for judicial notice of three exhibits. To the extent plaintiff requested this court take judicial notice of exhibits 1 -3 with respect to the instant motion for leave to conduct specified discovery, the request is GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED. (Evid. Code, §§ 452, 453.) On January 16, 2024, plaintiff Hamid Khazaeli in propria persona brought the underlying action arising out of circumstances r...
2024.05.20 Motion for Summary Judgment 121
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...l. Rules of Court, rule 3.1110(f)(4).) The trial court has discretion under Code of Civil Procedure section 437c to overlook procedural errors in the moving and opposition papers, if the evidence presented warrants it though. (Zimmerman, Rosenfeld, Gersh & Leeds LLP v. Lars on (2005) 131 Cal.App.4th 1466, 1478.) The Court exercises its discretion to overlook this defect, but Defendant is cautioned to comply with this rule in the future. BACKGROUN...
2024.05.20 Motion for Summary Judgment 251
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ... the documents and not to the truth of any matter therein (see Middlebrook- Anderson Co. v. Southwest Sav. & Loan Assn. (1971) 18 Cal.App.3d 1023, 1038), and DENIED as to nos. 5– 6 as irrelevant. Plaintiffs JW Properties Development, LLC's and 430 Eddy St. Associates, LLC' s Request for Judicial Notice is GRANTED as to items nos. 1 –2, but only as to the existence of the documents and not to the truth of any matter therein (see Middlebrook -A...
2024.05.13 Motion to Quash and Vacate Entry of Default Judgment 369
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ...ty in South San Francisco against Defendants Mitch Matsuno and Suryadi Koswara. On 3/29/2024, Plaintiff filed proofs of service of summons by personal service for each of the Defendants, purportedly at the property which is the subject of the action (100 Baden Ave #207, South San Francisco). On 3/29/2024, Plaintiff requested clerk's judgment for possession only, which was entered by the clerk on that day. Defendant Suryadi Koswara now moves the ...
2024.05.13 Motion for Summary Judgment 145
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ... subdivision applie s to a motion for summary adjudication though. (See Cal. Rules of Court, rule 3.1350(b).) Plaintiff seeks only summary judgment and does not also seek summary adjudication. (See Plaintiff's Notice of Motion.) Therefore, Rule 3.1350(b) does not apply here. Plaintiff seeks summary judgment to the Third Cause of Action for Breach of Lease, which is the only remaining cause of action in the FAC. The Third Cause of Action alleges b...
2024.05.13 Motion for Judgment on Pleadings 052
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ...d Nov. 3, 2023, i s DENIED. (Code Civ. Proc. Sect. 438.) Defendants' 11 -3 -23 Request for Judicial Notice is GRANTED as to Exhibits 1 -2 and 6 -8 (Evid. Code Sect. 452(d)), and GRANTED as to Exhibits 3 -5 (Evid. Code Sect. 452(c).) As to court -filed documents, the Court takes judicial notice of their filing dates and contents, but not the truth of statements/allegations therein. Plaintiffs' 2 -20- 24 Request for Judicial Notice is GRANTED. (E...
2024.05.13 Demurrer to FACC 067
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ...es, Inc.'s First Am ended Cross -Complaint (“FACC”), filed September 6, 2023, is OVERRULED as follows. Failure to Allege Sufficient Facts The FACC alleges that “On or about November 27, 2019, HOME SAFETY tendered its defense to MUSIC, who denied defense claiming that it owed n o duty to defend or indemnity HOME SAFETY on grounds that HOME SAFETY had purchased its own liability insurance with VGM Insurance Services (“VGM”), and MUSIC's ...
2024.05.06 Motion for Summary Judgment, Adjudication 752
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...s here for summary judgment on the grounds that each claim of the First Amended Complaint (the “FAC”), which asserts causes of action for violations of the Fair Employment and Housing Act (the “FEHA”) in a single count, are timebarred. The County also moves for summary adjud ication of pre-2015 violations of the FEHA in the alternative. In support of both grounds, the County contends that Plaintiff Catherine Baker failed to exhaust her ad...
2024.05.06 Motion for Summary Judgment, Adjudication 643
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...l notice only as to the existence of these records, and not as to the truth of the factual matters contained therein. (Dominguez v. Bonta (2022) 87 Cal.App.5th 389, 400.) For the following reasons, however, Defendants' Motion for Summary Judgment and/or Summary Adjudicat ion is continued to August 19, 2024. In the operative Third Amended Complaint, Plaintiff alleges, in short, that the parties entered into a settlement agreement in 2015 resolving...
2024.05.06 Motion for Leave to File Amended Complaint 905
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...o exercise discretio n liberally to permit amendment of pleadings. (Code Civ. Proc. Sect. 473; 576; Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.) Relevant procedural history. On July 10, 2023, the Court sustained, in p art, Defendant Tesla's Demurrer to Plaintiff's Third Amended Complaint, with respect to the second, third, fourth, fifth, and sixth causes of action therein, without leave to...

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