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2024.06.12 Motion to Compel Further Responses, for Sanctions 682
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.12
Excerpt: ...o. 200.3 Plaint iff's response implies that she contends written, oral, and implied agreements governed the employment relationship. Plaintiff's response to subpart (a) must affirmatively state all facts upon which she bases the contention that the employment relationship was governed by written, oral, and implied agreements. Plaintiff's response to subpart (b) must identify persons with knowledge of the facts stated in subpart (a). Plaintiff's r...
2024.06.12 Demurrer to SAC 718
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.12
Excerpt: ...enant of good faith and fair dealing causes of action. (Code Civ. Proc., § 431.10, subd. (e).) 1. The meet and confer declaration is defective The April 19, 2024 declaration of defendant's attorney Martin Glickfeld does not comply with the requirements of Code of C ivil Procedure, section 430.41. The declaration states that Mr. Glickfeld “reached out” to plaintiff's counsel regarding the planned demurrer to the SAC. Similarly, the May 31, 20...
2024.06.12 Motion for Sanctions 850
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.12
Excerpt: ...4401. (See C al. Rules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Respondents' Motion for Sanctions, Attorney[‘]s Fees and Costs Pursuant to Code of Civil Procedure, section 128.7 is GRANTED. Respondents' Request for Judicial Notice is GRANTED. By presenting a paper to the Court, an attorney certifies that: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause un...
2024.06.12 Motion for Preliminary Injunction 937
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.12
Excerpt: ... OF UNDERTAKING TO BE REQUIRED. A. Background In 2016, Lincoln Christensen (Christensen) founded plaintiff Onelink LLC, fka Link Source It, LLC (plaintiff), an information technology solutions company that resells computer software and hardware to organizations in th e United States. Christensen is the sole owner of plaintiff, and claims he has grown the business to approximately 1,500 customers. In April 2019, plaintiff and defendant Stone, who ...
2024.06.05 Motion for New Trial 099
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.05
Excerpt: ...2099 and Tim Onde rko v. Donald Wilson, et al., Case No. 22CIV -02332,1 is DENIED. 1. LEGAL STANDARDS “A new trial is a re -examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.” (Code Civ. Proc., § 656.) “A motion for a new trial is ‘a new statutory proceeding, collateral to the original proceeding' and constitutes a new action brought to set aside the judgment.” (Kabran v. Sharp Me...
2024.06.05 Motion for Final Approval of Class Settlement 379
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.05
Excerpt: ...ivate Attorne ys General Act of 2004 (PAGA) settlement agreement; (2) an award of attorney's fees to class counsel in the amount of $161,666.66 plus reimbursement of $16,339.55 in litigation costs; (3) a $10,000 incentive payment to Rogers as the class representative; ( 4) $20,000 in civil penalties, $15,000 of which will be paid to the California Labor and Workforce Development Agency (LWDA) for release of the PAGA claims with the remaining $5,0...
2024.06.05 Motion for Approval of Settlement 278
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.05
Excerpt: ...et seq., an employee aggrieved by their employer's alleged Labor Code violations may be authorized to act as an agent of the Labor Workforce and Development Agency (LWDA) to bring an action for civil penalties. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 64 (Moniz).) If the aggrieved employee seeks to settle their claims, the trial court must review and approve the settlement. (Ibid.) By statute, the LWDA receives 75 percent of the settl...
2024.06.05 Motion to Strike 242
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.05
Excerpt: ...recorded against p laintiff's real property in Half Moon Bay in contravention of the parties' agreement. Defendants John Sheputis and Sheputis DC Investments LLC (defendants or Sheputis) now move to strike the second cause of action, for slander of title, pursuant to Code o f Civil Procedure, section 425.16, the “antiSLAPP statute. Section 425.16 provides that “[a] cause of action against a person arising from any act of that person in furthe...
2024.06.04 Motion to Reconsider Appointment of Guardian Ad Litem 431
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.04
Excerpt: ...dants to reconsider the appointment of Thomas “Gerry” Westerfield as guardian ad litem for Plaintiff Julie Westerfield is granted. On reconsideration, the Court reaffirms its April 18, 2024, order appointing Tomas “Gerry” Westerfield as guardian ad litem for Plaintiff Julie Westerfield. Background On January 26, 2024, Plaintiffs Julie aka Julia Westerfield (Julie) and Thomas “Gerry” Westerfield (Thomas) (collectively, Plaintiffs) file...
2024.05.29 Motion for Attorney Fees 421
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: ...efend ant filed a motion for attorneys' fees, seeking fees totaling $80,422.69, corrected on April 11, 2024 to $78,922.50. Defendant also filed a memorandum of costs that same day, seeking costs in the amount of $1,129.88. No motion to tax costs was filed. T he January 23, 2012 Settlement Agreement between plaintiffs' predecessorsin - interest and defendant provides for prevailing party fees: If any party to this Agreement shall take any actio...
2024.05.29 Demurrer 598
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: .... (Opp., at pp. 7:228:5.) A defendant may file a demurrer within 30 days after service of the complaint pursuant to Code of Civil Procedure, section 430.40, subdivision (a). The court has broad discretion to consider a late -filed demurrer where the plaintiff's substan tial rights are not affected, the plaintiff has not taken steps to obtain a default, and the plaintiff has not demonstrated prejudice due to the delay. (Jackson v. Doe (2011) 192...
2024.05.29 Motion for Attorney Fees 454
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: ...the Verdiel l Family Trust U/A 5/21/01 (plaintiffs), sued defendants Wai Yip, Cynthia Yip, and WCSZ Partnership (Yip defendants) and others in connection with plaintiffs' purchase from the Yip defendants of a newly built but defectively constructed single - family home for $9 million. Plaintiffs filed this lawsuit on November 17, 2016; the Yip defendants filed a cross -complaint on April 28, 2017, but did not assert claims against plaintiffs. F...
2024.05.29 OSC Re Dismissal 888
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: ...se Management Or der #21 and Order Severing All Claims By and Against Glynn.” In that order, the Court stayed “all claims and causes of action by and against Robert Glynn Jr. [ ] until compliance with C.C.P. Section 377.41, or further order of this Court.” On January 2 8, 2021, Geisler filed a “Motion to Continue Pending Action Against Decedent's Estate (CCP § 377.41).” In that motion, Geisler stated that Glynn had died on October 5, ...
2024.05.29 Petition for Writ of Mandate 495
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: ...d for and received a disability retirement through respondent San Mateo County Employees' Retirement Association (SamCERA) effective January 22, 2016. She further received a lump -sum award of back pay from that date through 2019, when her retirement was approved. Petitioner contends that she should have been retired effective May 25, 2011 when she stopped performing the duties of a Social Worker III in the emergency response unit, rather than in...
2024.05.15 Motion for Attorney Fees 144
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.15
Excerpt: ...n McSharry, et al., 23-CIV -05140, this Court granted a nearly identical anti -SLAPP motion brought by defendant Justin McSharry against plaintiff's nearly identical complaint. Defendants Shah and McSharry are represented by the same counsel. On March 20, 2024, Shah file d an unopposed motion for attorneys' fees. Shah represents that if the Court grants this motion, Mr. McSharry will not seek attorneys' fees. Pursuant to Code of Civil Procedure,...
2024.05.15 Demurrers 923
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.15
Excerpt: ...omplaint no later than ten (10) days after service of notice of entry of the formal order. Defendant Izmirian Family Partners, LP's Request for Judicial Notice is GRANTED as to both items. According to the First Amended Complaint (FAC), sometime in early 2022, Plaintiffs and Cross -defendants Empire Movers USA, Inc. and its chief executive officer Ruslan Vdovin (collectively, Empire) were seeking a commercial space from which Empire could conduct...
2024.05.15 Motion to Award Fees 552
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.15
Excerpt: ...les of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Defendant Real Time's Motion for Attorneys' Fees is GRANTED. On December 18, 2023, the Court granted summary judgment in favor of Real Time and against plaintiff. (Declara tion of Samuel Trakhtenbroit [Trakhtenbroit Decl.], iso Mot. for Attorneys' Fees, ¶ 12; Order Granting Defendants' Motion for Summary Judgment, or Alternatively, Summary Adjudication, file...
2024.05.08 Motion to Strike 457
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.08
Excerpt: ...rule 3.1110 [the Notice “must specify” the location of the hearing].) Defendants Borislav Deianov and Nandita Deianova's motion to strike from plaintiffs' First Amended Complaint (FAC) the last sentence of paragraph 28 and the entirety of paragraphs 3 -5 of the Prayer for Relief is DENIED. 1. Timeliness of Motion It is unclear from the Court's files whether defendants' motion to strike is timely. Plaintiffs' FAC naming defendants Borislav De...
2024.05.08 Motion to Bifurcate 289
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.08
Excerpt: ... notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The purpose of Section 598 is ...
2024.05.08 Motion for Attorney Fees 399
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.08
Excerpt: ...ctions 2698, et seq. The case was tried in two phases — liability and damages. On January 11, 2024, the Court issued a judgment in favor of plaintiff and against defendants Sunnyvale Massage, LLC and Lisa Meteyer (defendants) in the amount of $389,880. (Declarat ion of Stan S. Mallison [Mallison Decl.], ¶¶ 2- 8.) The Court denied defendants' motion for a new trial on March 26, 2024. A. Plaintiff's Request for Attorneys' Fees is Reasonable Pla...
2024.05.08 Demurrer 951
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.08
Excerpt: ...written noti ce of entry of order. (Code Civ. Proc., § 472b; Cal. Rules of Court, rule 3.1320(g).) Defendant Google's March 21, 2024 Request for Judicial Notice is GRANTED as to Exhibit A (website Terms of Service) (Evid. Code, § 452, subd. (h), and GRANTED as to Ex hibits B -G (court -filed documents) (Id., § 452, subd. (d).) A. Preliminary Matters 1. Defendant's Failure to Meet and Confer Defendant Google has not complied with the meet and ...
2024.05.01 Motion to Enforce Order 564
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.01
Excerpt: ...ired) conce rning, inter alia, Wu's notice of deposition of TPMG's persons most qualified to testify on specified topics and attendant requests to produce specified categories of documents at the depositions. (Sept. 7, 2023 Order Re: Discovery, at p. 1.) The Court s ustained and overruled certain objections to both the topics and requests and ordered TPMG to “immediately identify the Person(s) Most Knowledgeable immediately as to Topics Nos....
2024.05.01 Motion for Summary Judgment 568
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.01
Excerpt: ...promissory not e to Prieto in the amount of $260,000. Prieto — their real estate agent — had loaned cross -complainants $260,000 in connection with a real estate transaction. Cross -complainants contend that in November 2015, Prieto demanded repayment of the loan. They informed her that they were in the process of a cash- out refinance of their property and would repay the loan once that transaction closed. Prieto allegedly agreed to wait un...
2024.05.01 Motion for Summary Judgment 289
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.01
Excerpt: ... RJN is GRA NTED pursuant to Cal. Evidence Code, section 452, subdivision (d). Plaintiffs' Objection No. 1 to paragraph 4 of the Declaration of Timothy Logue is SUSTAINED on the grounds of hearsay and lack of foundation. Plaintiffs' Objection No. 2 to paragraph 6 of the Declaration of Timothy Logue is SUSTAINED on the ground of lack of personal knowledge. Plaintiffs' Objection No. 3 to paragraph 7 of the Declaration of Timothy Logue is OVERRULED....
2024.04.24 Motion to Compel Arbitration 639
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.24
Excerpt: ...ontinued t he hearing to the instant hearing date: [T]o permit plaintiff to depose declarant Alberto Germano for the limited purpose of inquiring into the two screenshots at Paragraph 5 at of his two otherwise identical declarations filed on December 28, 2023 and Feb ruary 13, 2024, respectively, and explanation regarding a printing error. (See Reply, filed February 13, 2024, at p. 3:25 -28, fn. 2; Defendant's Response, filed February 21, 2024...
2024.04.24 Motion for Leave to File Amended Complaint, Answer 289
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.24
Excerpt: ... any terms as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) There is a policy of “great liberality” in allowing amendments to pleadings at any stage of the proceeding so as to dispose of cases upon their merits where the authorization does not prejudice the substantial rights of others. (Board of Trustees v. Superior Court (2007) 149 Cal.App.4th 1154, 1163.) When considering whether to permit amendments to pleadings, court should...
2024.04.24 Petition for Relief 850
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.24
Excerpt: ... of Danie l D. Geoulla (Geoulla Decl.) ¶¶ 3-4; id., exh. C.) Petitioner seeks relief from the requirement of presenting a claim for personal injury within six months of accrual of his cause of action before bringing an action against Burlingame. There is no dispute that he did not present a claim to Burlingame within six months, but Rhodes contends his failure was due to his mistake, inadvertence, surprise, or excusable neglect. A. Legal Standa...
2024.04.24 Motion to Strike 393
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.24
Excerpt: ... on uncertain ty is OVERRULED. Legal Standard on Demurrer A party may demur to a pleading on any one or more of the grounds laid out in Code of Civil Procedure, section 430.10, including that the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10.) A court must “treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law [an...
2024.04.24 Petition to Compel Arbitration 763
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.24
Excerpt: ...rbitration. The Court finds defendant has met its initial burden to show there is an arbitration agreement between the parties (De la Torre Dec., filed Nov. 13, 2023, ¶ 5, Ex. A), and Plaintiff has not met his shifting burden to demonstrate ground for denial by a preponderance of the evidence. (Knight, Cal. Prac. Guide: Alt. Disp. Res. (Rutter, Dec. 2023 Update) ¶¶ 5:320, 5:321, 5:322. See Reply, filed Jan. 8, 2024, at p. 4:2- 3 [arguing �...
2024.04.10 Petition to Release Mechanic's Lien 325
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.10
Excerpt: ...shall be verifie d and allege all of the following: (a) The date of recordation of the claim of lien. A certified copy of the claim of lien shall be attached to the petition. (b) The county in which the claim of lien is recorded. (c) The book and page or series number of t he place in the official records where the claim of lien is recorded. (d) The legal description of the property subject to the claim of lien. (e) Whether an extension of cred...
2024.04.10 Motion for Summary Judgment 747
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.10
Excerpt: ...nopposed motion for summary judgment against defendant Andreas Tzortiz (“Defendant”). This Court denied plaintiff's first motion for summary judgment due to procedural deficiencies with the proof of service. As to plaintiff's second motion for summary judgment, the Court fin ds that a rebuttable presumption of proper service has been established, and therefore proceeds to consider the merits of the motion for summary judgment. In ruling on...
2024.04.10 Motion for Summary Judgment 552
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.10
Excerpt: ...Proc., § 437c.) Accordingly, defendants' alternative Motion for Summary Adjudication is DENIED AS MOOT. (Code Civ. Proc., § 437c.) Hearing location. Defendants' January 11, 2024 Notice of Motion incorrectly states that the April 10, 2024 hearing will take place in the Redwood City courthouse. The hearing will take place in Department 28 in the San Mateo courthouse, which is located at 800 North Humboldt St., San Mateo, California 94401. Defenda...
2024.04.10 Demurrer 838
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.10
Excerpt: ...20(g); Code Civ. Proc. § 472b.) Defendant City of San Mateo's Request for Judicial Notice is GRANTED as to all items for the purposes of this demurrer. The Complaint asserts a single cause of action against defendant City of San Mateo (City) for dangerous conditio n of public property. It alleges that plaintiff William Trapp was riding his bicycle along the Bay Trail in San Mateo when he “encountered orange barrier fencing that had entered his...
2024.04.03 Motion to Stay Proceedings 119
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.03
Excerpt: ... effective Janu ary 1, 2020. (See former Code. Civ. Proc., § 340.1, repealed by Stats. 2022, c. 444 (A.B. 2959), § 1, eff., Jan. 1, 2023, and then repealed by Stats. 2023, c. 655 (A.B. 452), § 1, eff., Jan. 1, 2024.) Doe 1 seeks to stay this action on the ground that this same issue is currently under review by the First District Court of Appeal in Jane Doe v. Acalanes Union High School District (A169013) (MPA, at p. 2.) Appeals frequently tak...
2024.04.03 Motion for New Trial 187
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.03
Excerpt: ... sued various defendants including cross-complainants Real Advantage Title Insurance Company, Orange Coast Title Company of Northern California, and Orange Coast Title Company (Orange Coast parties); Donald M. Bronstein; Donald M. Bronstein, Trustee of the Don and Chery l Bronstein Family Trust Account 125; Donald M. Bronstein, Trustee of the Nicole Bronstein Living Trust; Donald M. Bronstein, Trustee of the Kimberly Bronstein Living Trust; and I...
2024.04.03 Motion for New Trial 080
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.03
Excerpt: ...l amend the J udgment to find that Shuppe materially breached Section 2.4 and the Estate of Georgy Shuppe is ORDERED to perform the obligations set forth in Section 2.4 of the 2012 Agreement, within 30 days of notice of entry of this Order. The Court GRANTS - IN -PART th e Libermans' Motion for a New Trial, or Additur, as to the SOD's award of damages to the Libermans as to the acquisition of Darberry by Groupon, and finds that the Court should...
2024.03.27 Motion to Enforce Stipulated Decree, for Sanctions 354
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.27
Excerpt: ...4 hearing of t his Motion will take place in the Redwood City courthouse. Department 28 (Judge Healy) is, in fact, located at Courtroom I, 800 North Humboldt St., San Mateo, California 94401. Background. The following “facts” are taken from the parties' recently filing s, and are intended only to describe the general background of this case and the present Motion. Plaintiff Xin Li and defendant Oded Haner each hold a 50% interest in FC4X Rea...
2024.03.20 Motion for Pending Orders, for Summary Judgment 831
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.20
Excerpt: ...rt state d that plaintiff had waived a jury trial by failing to pay the fees, but set a jury trial based on defendants' payment. (Note, however, that the parties represented at paragraph 12 in their joint case management and trial setting conference statement, fil ed on April 7, 2023, that “[a]ll parties have demanded a jury trial on all issues.”) Plaintiff's counsel admits that he did not understand that jury trial fees are due at the time ...
2024.03.20 Motion to Seal Summary Judgment 289
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.20
Excerpt: ...alifornia Rules of C ourt, rule 2.550. Accordingly, the motion to seal is DENIED WITHOUT PREJUDICE. Specifically, defendant has moved to seal the following documents: • Memorandum of Points and Authorities in Support of Defendant Timothy Logue's Motion for Summary Judgmen t; • Separate Statement of Undisputed Material Facts in Support of Defendant Timothy Logue's Motion for Summary Judgment; • Declaration of Timothy Logue; • Declaration ...
2024.03.20 Motion to Tax Costs 454
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.20
Excerpt: ...tiffs in settlements with other defendants. Plaintiffs are the prevailing party and on January 23, 2024, filed a memorandum of costs, seeking a total of $68,368.87. (Code Civ. Proc., § 1032.) Defendants have filed a motion to tax costs. In their opposition, plaintiffs agreed that certain of their requested costs are not supported and reduced the total requested to $53,066.35. Defendants have argued that $838.48 for “Court -ordered transcript...
2024.03.13 Motion to Strike Punitive Damages 307
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.13
Excerpt: ..., or oppre ssion” required under Civil Code, section 3294 to support an award of punitive damages. In order to survive a motion to strike an allegation of punitive damages, the plaintiff must plead the ultimate facts showing an entitlement to such relief. (Clauson v. Superior Court (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stat...
2024.03.13 Motion to Strike 489
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.13
Excerpt: ... The Notice of Motion incorrectly states that the hearing on this Motion will take place in the Redwood City courthouse. The Court notes that Department 28 (Judge Healy) is located at Courtroom I, 800 North Humboldt St., San Mateo, California 94401. Meet and co nfer. The December 21, 2023 Declaration of Azim Khanmohamed does not comply with Code of Civil Procedure, section 435.5, which requires that the declaration supporting a motion to strike s...
2024.03.13 Motion for New Trial 399
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.13
Excerpt: ...y wages on termination; to provide rest periods or compensation; and to provide accurate, itemized wage statements. (First Amended Complaint, filed April 13, 2018.) The case was tried in two phases. On December 6, 2023, the Honorable Marie S. Weiner (retired) issued a final statement of decision and judgment after court trial in favor of plaintiffs, awarding penalties totaling $274,900 against defendants Lisa Meteyer and Sunnyvale Massage, join...
2024.03.06 Petition to Confirm Arbitration Award, for Attorney Fees 099
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.06
Excerpt: ...lobal Enterp rises, Inc., et al. v. Tim Onderko, Case No. 22 -CIV -02099, and then re -filed on January 9, 2024 in Tim Onderko v. Donald Wilson, Case No. 22 -CIV -02332, is GRANTED -in -part and DENIED -in -part. Onderko's Petition to Confirm Arbitration Award is GRANTED. Ond erko's request for an award of interest on the Arbitration Award is GRANTED in the amount of $83,243.95. Onderko's request for an award of attorney's fees and costs is pri...
2024.03.06 Motion for New Trial 454
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.06
Excerpt: ...mily home fo r $9 million. Escrow closed on the house on November 7, 2013. (Final Statement of Decision, filed Jan. 9, 2024, at p. 3.) After moving in, the plaintiffs discovered numerous flaws in the home's construction. (See id., at pp. 6 -7, 10 -25.) On January 9, 2024, the Honorable Marie S. Weiner (retired) issued a final statement of decision and judgment after court trial in favor of plaintiffs, awarding them $1.2 million in damages, for...
2024.03.06 Demurrer 251
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.06
Excerpt: ...rvice of written notice of entry of this order, unless the parties stipulate otherwise. (Cal. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 472b.) Defendants Janet Wyler Griggs, Thomas S. Griggs, and Ash 1031 LLC's Demurrer to the First Amended Complaint and Motion to Strike portions of the First Amended Complaint are MOOT in light of the Court's ruling. The Court GRANTS LEAVE TO AMEND to plaintiffs Bruce K. Pederson, individually and as co...
2024.02.28 Motion to Compel Arbitration and Stay 802
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.02.28
Excerpt: ...ing date of February 28, 2024 by the required 16 court days, plus five additional calendar days for service by mail, as required by Code of Civil Procedure, sections 12c and 1005, subdivision (b), the final day to serve notice of this hearing by mail was Janua ry 29, 2024. “The principal purpose of the requirement to file and serve a notice of motion a specified number of days before the hearing (§ 1005, subd. (b)) is to provide the opposi...
2024.02.28 Motion for Leave to File Amended Complaint 538
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.02.28
Excerpt: ... Proce dure, section 473 provides that a court may, in its discretion and after notice to the adverse party, allow an amendment to a pleading upon any terms as may be just. (Code Civ. Proc., § 473, subd. (a)(1).) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 (Howard).) “The policy favoring amendment is so strong that it is a rare...
2024.02.21 Motion to Stay Action 378
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.02.21
Excerpt: ...hip o f, and benefits flowing from, six real properties in Hayward, California. On January 10, 2023, defendant/cross- complainant Ashwani Kumar Bhakri (defendant) filed a cross -complaint alleging, inter alia, promissory fraud and breach of written contract, argu ing an alternative version of facts in which the two oral contracts alleged in the FAC never existed, and that the parties never entered into the fiduciary relationship which forms t...
2024.02.21 Motion for Trial Preference 303
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.02.21
Excerpt: ...is o ver 70 years of age may petition the court for a preference, which the court shall grant if the court finds both that the party has a substantial interest in the action as a whole, and that the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Section 36, subdivision (a) “is mandatory and absolute in its application in civil cases whenever the litigants are 70 yea...

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