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2022.05.23 OSC Re Contempt, Motion for Terminating Sanctions 454
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.05.23
Excerpt: ... Serramonte (“Defendant”) for Failure to Arbitrate, is DENIED. On November 21, 2019, the parties entered into a “Stipulation To Submit This Matter To Binding Arbitration” (“Stipulation”). (Liberty Decl., Exh. 1.) The Stipulation was approved by the Court on November 22, 2019 (“Order”). (Ibid.) Plaintiff brings this Motion contending that Defendant failed to participate in binding arbitration pursuant to the Stipulation and Order. ...
2022.05.23 Demurrer to SAC 457
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.05.23
Excerpt: ...tract Plaintiff alleges that Defendant “breached the contract in violation of Section 4 Subsection 2 of the Terms of Use, Section 12 Subsection 2 of the Advertising Policies, and Section 7 Subsection e of the Facebook Platform Terms by cancelling Plaintiff's account when Plaintiff had done nothing to merit such cancellation.” SAC, ¶12. Section 4 Subsection 2 of the Terms of Use provides, in relevant part: If we determine that you have clearl...
2022.05.09 Motion to Compel Release of Cell Phone Records 067
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.05.09
Excerpt: ...e motion to compel Plaintiff to sign a release authorizing production of cell phone records on October 15, 2020. Yakubova Decl., ¶3. Plaintiff argues that while the parties did attend an IDC, that was for disclosure of records for Plaintiff's phone number (650) 518‐ 4905, and did not concern the release of records associated with the phone numbers which are subject to the present motion, [650‐630‐7711; 650‐ 267‐9474; 650‐278‐0531; ...
2022.05.09 Motion to Amend Complaint 379
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.05.09
Excerpt: ...Court's task is to determine whether the Certificates (under seal) contain “one or more facts corroborative of one or more of the charging allegations against a defendant or defendants . . . .” (Code of Civ. Proc. § 340.1, subd. (m)(1).) Plaintiff's Certificate of Corroboration as to Defendant Doe 2 sets forth facts describing Plaintiff's attendance at Doe 1 recreational activities, where Plaintiff was supervised by Doe 2. The Certificate de...
2022.04.18 Motion to Compel Compliance 052
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.18
Excerpt: ... the attorney's client and the third party, the disclosure must be reasonably necessary to achieve the purpose for which the attorney was retained, and the disclosure must have been with a reasonable expectation that the disclosed material remain confidential. 1. The Parties Must Have a Common Legal Interest. “Common interest” has never been defined, but cases imply that it means more than “common goal” or “common hope.” Instead, it m...
2022.04.18 Motion for Summary Judgment 081
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.18
Excerpt: ... that “the Premises is not subject to the just‐cause nor relocation assistance requirements contained in Civil Code section 1946.2 because of Landlord's compliance under Civil Code section 1946.2(e)(8).” Complaint, Ex.2, p.1. According to Defendant, however, the Notice violates the Act because “Plaintiff has never provided Defendant with written notice that the Premises is exempt from the TPA,” as required under Civil Code § 1946.2(e)(...
2022.04.18 Motion for Leave to File Complaint 643
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.18
Excerpt: ...proposed Cross‐Complaint is compulsory because the causes of action arise out of the same transactions or occurrences as the causes of action in the Complaint. (See C.C.P. § 426.10(c); see also ZF Micro Devices, Inc. v. TAT Capital Partners, Ltd. (2016) 5 Cal.App.5th 69, 82‐84.) The allegations in the proposed Cross‐ Complaint concern Plaintiff Mehrdad Elie's (“Plaintiff”) investment for which Defendants claim Plaintiff is improperly d...
2022.04.11 Motion to Expunge Notice of Pending Action 023
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.11
Excerpt: ...dens recorded 1‐31‐22. As alleged in the Complaint and not disputed, BG purchased the property in foreclosure. Plaintiffs' Complaint does not name BG as a defendant. There is no allegation BG is related to the named defendants, or that BG engaged in any wrongdoing relating to the sale. BG is merely the buyer. BG intervened in the case for purpose of filing the present motion to expunge the lis pendens. The parties dispute BG's claimed status ...
2022.04.11 Motion for Scheduling Preference 833
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.11
Excerpt: ...eration fails to comply with section 1008 lacks merit. This is not a motion for reconsideration under Code of Civil Procedure section 1008, subdivision (a). It is a renewed motion under subdivision (b), which requires showing “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code of Civ. Proc. § 1008, subd. (b).) In a...
2022.04.11 Demurrer to FAC 238
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.11
Excerpt: ... Judicial Notice is GRANTED. (2) Demurrer to the First Cause of Action for Negligence, Second Cause of Action for Premises Liability and Fifth Cause of Action for Negligent Infliction of Emotional Distress by Jared is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant demurs that these claims fail because Jared has not and cannot allege compliance with the Government Claims Act. (See Defendant's Request for Judicial Notice, Exh. A.) Jared concedes in op...
2022.03.28 Motion to Vacate Judgment and Set Aside Default Judgment 103
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.28
Excerpt: ...er properly served. Specifically, he contends he did not live at the stated Redwood City address at the time of alleged service. Defendant also contends that at the time of alleged service, he was not living with “Mary Tuiaki,” the person identified in the Proof of Service as Defendant's “co‐tenant,” to whom copies of the Summons and Complaint were allegedly handed. Defendant states he did not receive actual notice of the Judgment until...
2022.03.28 Motion for Summary of Judgment, Adjudication 490
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.28
Excerpt: ...mon counts based on: (1) an open book, (2) an account stated, and (3) goods sold and delivered. However, Plaintiff's MPA 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) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that Plaintif...
2022.03.21 Demurrer 445
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.21
Excerpt: ...vide “reasonable notice in writing of his or her intent to enter and enter only during normal business hours.” Whether Plaintiff provided adequate notice of entry, however, is not a proper ground for demurrer in this unlawful detainer action. Plaintiff does not allege that the Notice to Enter provided grounds for termination of the lease. Rather, Plaintiff's Complaint is based on Defendant's alleged violation of a 3‐Day Notice to Cure or Qu...
2022.03.21 Demurrer to FAC 905
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.21
Excerpt: ...e facts supporting the FAC with sufficient specificity to support a COA for fraud under the requisite heightened pleading standards. Plaintiff argues that the specific individuals at Defendant Tesla or Lux that had knowledge of or perpetrated the false statement about forthcoming title are presently unknown. In light of that information being unavailable to Plaintiff, the FAC should not be found lacking in sufficient particularity with respect to...
2022.03.21 Motion for Preliminary Injunction 695
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.21
Excerpt: ... the merits at trial (Robbins v. Superior Court (1985) 38 Cal.3d 199, 206) and (2) the interim harm that the plaintiff is likely to sustain if the injunction were denied as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued. (Shoemaker v. County of Los Angeles (1995) 37 Cal.App.4th 618, 624–625.) Mandatory preliminary injunctions are “rarely granted.” The granting of a mandatory injunction ...
2022.03.14 Motion to Dismiss Action 369
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.14
Excerpt: ...n Plaintiff, Plaintiff has disobeyed the order, Plaintiff has here been given the opportunity to be heard regarding that disobedience, and Plaintiff has not offered any explanation for that disobedience. The Court entered the following order on June 9, 2021: Defendant TESSA EVANGELINE WIGTON's motion to compel plaintiff Andrea L. Ramos to supply verified objection‐free responses to Second Special Interrogatories, First Supplemental Interrogator...
2022.02.07 Motion to Strike 252
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.02.07
Excerpt: ...t by Plaintiffs Vincent Pluvinage and VPV, LLC (“Plaintiffs”) is ruled on as follows: A party may move to strike out any irrelevant, false or improper matter inserted in any pleading. (C.C.P. § 436(a).) The Motion to Strike Paragraph 22, lines 15 to 17, is DENIED. Defendants seek to strike the allegations regarding the CHALLENGES article that they claim are false. In support Defendants request judicial notice of this article. (See Defendants...
2022.02.07 Motion to Reopen Discovery 104
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.02.07
Excerpt: ...date, which had already been continued five times, was set for Jan. 11, 2022. Over Defendant's opposition, the Court thereafter granted Plaintiff's ex parte application to continue the Jan. 2022 trial date to Aug. 2022, in light of the fact Plaintiff had already filed the present motion seeking to re‐open discovery, which was set to be heard on 2‐7‐22, after the scheduled Jan. 2022 trial date. The Court's 10 ‐27‐21 Order continuing the ...
2022.02.07 Demurrer 284
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.02.07
Excerpt: ...enancy was waived. Id. at ¶8(c)(1). The 60‐Day Notice of Termination of Tenancy attached to the FAC as Ex. 2, indicates: “Possession of the premises is sought pursuant to California Civil Code § 1946 and California Code of Civil Procedure § 1161(1). Possession of the premises is also sought pursuant to California Civil Code § 1946.2 (b)(2)(A)(i) Intent to occupy the residential real property by the owner or their spouse, domestic partner,...
2022.02.07 Demurrer 252
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.02.07
Excerpt: ... of Action for Negligent Misrepresentation and Tenth Cause of Action for Negligent Misrepresentation in the Second Amended Complaint by Plaintiffs Vincent Pluvinage and VPV LLC (“Plaintiffs”), is OVERRULED. Defendants demur that these causes of action fail to state facts sufficient to support them because Plaintiffs fail to plead the alleged misrepresentations with the requisite specificity. These Causes of Action are based on the same allege...
2022.01.10 Motion for Preliminary Injunction 935
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.01.10
Excerpt: ...ws: On a motion for preliminary injunction the court evaluates two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits of the claim at trial, and (2) the interim harm the plaintiff would be likely to suffer if the injunction is denied as compared to the harm that the defendant would be likely to suffer if the injunction is granted. (Amgen Inc. v. Health Care Services (2020) 47 Cal.App.5th 716, 731.) The weighing...
2022.01.10 Demurrer 379
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.01.10
Excerpt: ...on or defenses).) The Court reminds Defense Counsel to comply with all Rules of Court in the future. “Rules of Court have the force of law and are as binding as procedural statutes . . . .” (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) I. PLEADING DEFECTS AS TO ALL CAUSES OF ACTION GENERALLY Demurrer is SUSTAINED WITH LEAVE TO AMEND. Defendant City's demurrer on the ground that the Complaint fails to allege a statutory basis for l...
2021.12.13 Motion for Leave to Amend Complaint 020
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.12.13
Excerpt: ...s initial, 1‐3‐19 Complaint has not been previously amended. On 7‐12‐21, the Court denied, without prejudice, Plaintiff's previously‐filed motion for leave to amend the Complaint, on grounds that Plaintiff had not complied with CRC 3.1324. The Court's 7‐12‐21 Order stated in part: Subsection (a) of Rule CRC 3.1324 states that a motion to amend must … state what allegations are proposed to be added and where, by page, paragraph and...
2021.12.13 Demurrer 698
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.12.13
Excerpt: ...ritten settlement agreement (AGREEMENT) providing LIU/AN pay IMUSIC a total of $53,767.33 in 20 monthly payments of $2,688.37 starting in January 2015.” Cross‐Complaint, p.8. The Cross‐Complaint further alleges that Cross‐Defendants Xiao Chen Liu and Peide An breached the settlement agreement by failing to make any payments following the first two installment payments. Id. As a result, the Cross‐Complaint indicates that the settlement a...
2021.12.06 Demurrer 409
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.12.06
Excerpt: ...ing papers also contend that there are no facts in the FAC to support an award for punitive damages. In Mr. Duong's reply, he contends that Plaintiff does not have standing to assert a claim under the FDCPA because Plaintiff is not a “consumer” within the meaning of the Act. Mr. Duong also contends that he “cannot be liable for any of LEC's alleged misconduct because LEC is a California corporation and as such it bears its own liabilities, ...
2021.11.15 Demurrer 145
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.11.15
Excerpt: ...rer to each cause of action in the FAC based on uncertainty is OVERRULED. The “uncertainties” must be specified (Fenton v. Groveland Comm. Services Dist. (1982) 135 CA3d 797, 809), but Defendants fail to address this demurrer in their papers. The demurrer to the First Cause of Action for Quiet Title based on failure to state a claim is SUSTAINED WITHOUT LEAVE TO AMEND. This cause of action is based on Plaintiff's claim that his lease may only...
2021.11.15 Demurrer 910
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.11.15
Excerpt: ...d in an order for restitution in a prior criminal proceeding. According to Defendant, “There is privity between Plaintiffs and the State of California.” MPA, p.10. Defendant, however, presents no authority supporting the claim that victims or participants in a criminal trial are in “privity” with the State for purposes of application of res judicata or collateral estoppel in a subsequent civil proceeding. In his reply, Defendant acknowled...
2021.11.15 Demurrer 456
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.11.15
Excerpt: ... Second Amended Complaint is OVERRULED. Plaintiff's FAC alleged violations of RESPA as the Fifth COA, and Defendants' demurrer to that pleading was sustained with leave to amend as to that COA so that Plaintiff could allege the alternate theory of violations of Cal. Bus. & Prof. Code §17200 et seq (UCL), as Plaintiff has done here in the SAC. Particularity Defendants argue that Plaintiff's UCL claim is not pled with sufficient particularity beca...
2021.11.08 Motion to Vacate Renewal of Judgment 962
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.11.08
Excerpt: ...s because it omits Defendant's apartment number. Defendant states in her declaration that she never received the notice of renewal of judgment in the mail and that she only learned about this case when Plaintiff started to garnish her wages. Fuentes Decl., ¶¶ 8‐9. Under these circumstances, Plaintiff's service of the notice of renewal is invalid. (See Moghaddam v. Bone, 142 Cal. App. 4th 283, 288 (2006).) Thus, the 30‐ day deadline to file ...
2021.11.08 Motion for Summary Judgment, Adjudication 601
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.11.08
Excerpt: ... based on: (1) an open book, (2) an account stated, (3) money lent, and (4) money expended. However, Plaintiff's memorandum 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.3‐5.) Accordingly, because Plaintiff has addressed only two of its four claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that...
2021.11.01 Demurrer 776
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.11.01
Excerpt: ...he reason(s) stated below. The meet and confer requirement set forth in Code Civ. Proc. Sect. 430.41, which governs demurrers, is intended to ensure that the parties discuss, either in person or by phone, at least five days before a demurrer is filed, the issues to be raised in a demurrer, in the hopes that the parties can resolve their issues/objections informally and without the need for Court intervention. Here, the Zulch declaration supportin...
2021.10.25 Demurrer 933
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.10.25
Excerpt: ...led with the Court. Although Defendant provides a copy of it with his reply, there is no indication that it was ever filed. Therefore, the Court has not considered it and proceeds to rule on the merits of this Demurrer. (2) In reviewing the FAC, the Court finds that the exhibits referenced in the FAC are missing. Defendant assumes that these missing exhibits are the same exhibits attached to the original Complaint for purposes of this Demurrer. H...
2021.10.18 Demurrer 457
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.10.18
Excerpt: ... a complaint or cross‐complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. …” Cal. Code of Civ. Proc. § 430.30(e). With respect to the cause of action for breach of contract, the Court rules as follows. The FAC does not specify a particular contract term that...
2021.10.04 Motion to Strike 023
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.10.04
Excerpt: ...� 452(d). Specially Appearing Defendants' Special Motion to Strike is GRANTED pursuant to Cal. Code of Civ. Proc. § 425.16. This Motion was initially set for August 23, 2021. The Court posted a tentative ruling for that hearing date indicating that the issues raised by the Special Motion to Strike were moot due to filing of FAC, which omitted the challenged causes of action. On the Court's own motion, that tentative order was vacated and hearing...
2021.10.04 Motion to Compel Arbitration 437
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.10.04
Excerpt: ...nts and Cross‐ Complainant's Motion to Compel Arbitration and Stay the Proceedings is GRANTED. The Build Contract contains the arbitration clause pursuant which the parties have agreed to arbitration. As California has a strong public policy in favor of arbitration, any doubts of arbitrability are resolved in favor of arbitration. Rice v. Downs (2016) 248 Cal.App.4th 175, 185. Thus, arbitration should be upheld “unless it can be said with ass...
2021.10.04 Demurrer 081
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.10.04
Excerpt: ...hat the People have not presented sufficient facts to establish that Yi may be held liable under the “Responsible Corporate Officer Doctrine” (RCOD). The People respond that “On June 8, 2021, Plaintiff filed its First Amended Complaint (attached hereto as Exhibit 3). In paragraph 5, Plaintiff amended the description of Defendant Yi and specifically included the language ordered by the court in its ruling on the demurrer.” The State has al...
2021.09.27 Demurrer 752
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.09.27
Excerpt: ...ed a supplemental briefing schedule on the issue of Defendant's contestation of the Court's tentative ruling. The parties focused much of their briefing on the element of permanency pursuant to the ruling in Richards v. CH2M Hill, Inc., (2001) 26 Cal.4th 798 (excerpted at length in Plaintiff's sup. brief, pgs. 3‐4), which held that a continuing violation occurs when an employer's unlawful actions are (1) sufficiently similar in kind, (2) have o...
2021.09.27 Motion for Judgment on the Pleadings 292
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.09.27
Excerpt: ...written First Amended Complaint (FAC) is very difficult to read and understand. Plaintiff may wish to remedy this issue/problem if a further amended Complaint is filed. Allegations. The FAC purports to assert claims against Defendants Gregory Menzel, an attorney, and Earl Daly, an alleged client of Menzel's, for negligence, fraud, “intentional tort,” “common count.” The FAC also makes references to Menzel's alleged “fiduciary duties,”...
2021.09.27 Motion for Preliminary Injunction 281
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.09.27
Excerpt: ...t al. (“Plaintiffs”) for Preliminary Injunction is GRANTED IN PART, as follows: Plaintiffs' Memorandum fails to comply with California Rules of Court Rule 3.1113(f), as it does not include a table of contents and table of authorities. However, the Court declines to deny the Motion on this ground or to strike the Memorandum, but CAUTIONS Plaintiffs to comply with this rule in the future. Plaintiffs' proposed preliminary injunction seeks the fo...
2021.09.27 Motion to Compel Further Production of Docs 052
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.09.27
Excerpt: ...oena for business records is GRANTED for the reasons set forth below. On January 15, 2021, Defendants served Dr. Barbara Berglund Sokolov with a subpoena seeking production of her communications with third parties. (Gasaway Decl., Ex. 3.) Before producing those communications, the Commissions' counsel, pursuant to Civil Code section 1798.24, subdivision (k), notified all individuals whose personal information might be produced that their personal...
2021.09.20 Motion to Transfer Venue 362
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.09.20
Excerpt: ...t Co. (1937) 24 Cal.App.2d 220, 221‐223 [where an individual defendant resides in a different county from that in which a corporate defendant's principal place of business is located and the action is brought in a third county, the individual defendant is entitled to a change of venue to the county in which the corporate defendant's principal place of business is located].) It is ordered that venue of this action be transferred to Los Angeles C...
2021.09.20 Motion to Restrain Judgment Debtor, for Sanctions 070
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.09.20
Excerpt: ...Opposition papers were untimely filed per Code Civ. Proc. Sect. 1005(b), the Court, in its discretion, has considered them in addressing the motion's merits. The Court recognizes that, according to Husain's Opposition papers, he assigned the 2012 CIT Judgment to his son on 9‐9‐21, two days after Husain's Opposition papers were due. Code Civ. Proc. Sect. 1005. The timing of that purported assignment raises concern, to say the least. Nonetheles...
2021.09.20 Motion for Summary Adjudication, Permanent Injunction 665
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.09.20
Excerpt: ...as a declaratory judgment and a permanent injunction enjoining Defendant Palo Alto Park Mutual Water Company (PAPMWC) from further attempts to shut off Plaintiff's water in an attempt to collect amounts incurred by other account holders, including the property owner, for water service to 227 Green Street. Public Utilities Code section 777, subdivision (b) requires Defendant PAPMWC to “make every good faith effort to inform the residential occup...
2021.09.20 Demurrer 290
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.09.20
Excerpt: ...t forth below. Defendant's demurrer based on uncertainty is SUSTAINED with leave to amend. Plaintiffs have not cured some of the defects from their prior complaints, rendering the Fourth Amended Complaint fatally uncertain. First, the FAC alleges that Plaintiff Mayer agreed at the December 3, 2017 meeting with Pepe that the noise level was acceptable. This allegation appears to contradict the allegation that the meeting was part of Defendants' co...
2021.09.13 Motion to Quash Service of Summons, to Dismiss 290
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.09.13
Excerpt: ...Court finds that Rona Maskan's motion to quash service of summons is MOOT in light of the Court's ruling on the motion to dismiss, as set forth below. Rona Maskan's motion for an order dismissing Plaintiff Proud Thai Massage, LLC's (“Plaintiff”) Fourth Amended Complaint against Rona Maskan is GRANTED on the ground that Plaintiff did not obtain leave to add Rona Maskan as a Defendant in the Fourth Amended Complaint after voluntarily dismissing...
2021.09.13 Motion for Supplemental Attorney Fees 943
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.09.13
Excerpt: ...s set forth below. The original hearing on Plaintiff's motion for attorney's fees was held on April 12, 2021. At the hearing, the Court ordered the parties to submit further briefing regarding issues raised during oral arguments. Following the continued hearing, held on June 28, the Court issued an order granting Plaintiff's motion for attorney's fees in the amount of $166,009.00 and permitting further briefing on Plaintiff's request for addition...
2021.09.13 Motion for Summary Judgment, Adjudication 155
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.09.13
Excerpt: ... constitutional law.” (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) The Separate Statement of Undisputed Facts for a motion for summary adjudication of issues must identify each cause of action subject to the motion. Plaintiff improperly combines claims for account stated and open book account into a single issue. Because of the relatively uncomplicated nature of this motion, the Court overlooks the defective paper. Plaintiff's requ...
2021.08.30 Motion to Compel Further Responses 232
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.08.30
Excerpt: ...GARWAL TENTATIVE RULING: Plaintiff/Cross‐Defendant BootUp Ventures, LLC's Motion to Compel, filed 5‐17‐21, which pertains to BootUp's original sets of Request for Production of Documents, Special Interrogatories, and Requests for Admission to Defendants/Cross‐Complainants Tarun Gaur, Jinigram, LLC, and Dial2Buy.com LLC, is DENIED. Commission Halperin's 3‐30‐21 IDC Minute Order made clear that the parties were required to participate i...
2021.08.30 Demurrer 582
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.08.30
Excerpt: ...as to the fact that the FAC was filed and not the contents therein, which are hearsay in the present action. Day v. Sharp (1975) 50 Cal.App.3d 904, 914. 2) Order sustaining Facebook's Demurrer to the First Amended Complaint filed in Balsam v. Facebook, Inc., et al. Case No. CGC‐20‐ CIV‐02559 (S. M. Super. Ct. November 30, 2020). Exh. B. GRANTED. Pursuant to Evid. Code §452(d), the Court may take judicial notice of its own records. Judicial...
2021.08.23 Motion to Release Lien 699
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.08.23
Excerpt: ...the Court notes that Defendant Essex has filed, and Defendant Suffolk has requested joinder in, a “Motion to Release Mechanic's Liens (Lambert Motion).” However, the property at issue has been released from the mechanic's liens by the release bonds filed by Defendant Suffolk pursuant to Civ. Code, § 8424, which provides that “On recordation of the bond, the real property is released from the claim of lien and from any action to enforce the...

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