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2023.06.06 Motion to Compel Further Responses 401
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.06.06
Excerpt: ...tions, filed April 6, 2023, is CONTINUED-IN-PART (to July 18, 2023), and DENIED-IN-PART. A. Non-compliant briefs 80th parties' Memoranda of Points and Authorities exceed the 15-page limit. Cal. R. Ct., Rule 3.1113(d). See Plaintiff's April 6, 2023 Memorandum (23 pages) and FCA US, LLC's May 10, 2023 Opposition brief (18 pages). Plaintiffs' non-compliant Memorandum is accompanied by a 100+ page Separate Statement, and a 485-page supporting declara...
2023.06.06 Demurrer 675
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.06.06
Excerpt: ...indicating that Geico committed acts that "were the legal (proximate) cause of injuries and damages to plaintiff." Complaint, 'l MV-I. The Court agrees. Because there are no facts to indicate that Plaintiff's injuries were caused by Geico, Plaintiff cannot state a cause of achon for negligence against Geico resulting from the alleged motor vehicle accident. Geico further asserts that a direct action against an insurer is not allowable until after...
2023.06.06 Motion for Terminating Sanctions, for Monetary Sanctions 071
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.06.06
Excerpt: ...DERS evidence sanctions and monetary sanctions, as set forth below. A. Terminating Sanctions Plaintiff failed to respond to form interrogatories, special interrogatories, and a request for production of documents. Following an informal discovery conference, the Court ordered Plaintiff to respond to all three sets of discovery. Plaintiff eventually provided responses to the form and special interrogatories, but not the document requests. The Court...
2023.05.30 Motion for Extension of Time 099
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.05.30
Excerpt: ...s of service of written notice of entry of this order. Plaintiffs shall not file any Request for Entry of Default against Bragg or Silicon Valley Real Ventures before that date. California Code of Civil Procedure, section 1054, subd. (a) provides in pertinent part that When an act to be done, as provided in this code, relates to the pleadings in the action, ... , the time allowed therefor, unless otherwise expressly provided, may be extended, upo...
2023.05.30 Motion for Attorney Fees 427
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.05.30
Excerpt: ... order granting Plaintiffs' Special Motion to Strike in part (the "Anti-SLAPP Motion"), pursuant to California Code of Civil Procedure, secton 425.16 subd. Plaintiffs are entitled to an award of reasonable attorneys' fees incurred in connection with that portion of the motion that was granted. Richmond Compassionate Care Collective, Inc. v 7 Stars Holistic Found., (2019) 33 Cal.App.5th 38, 45. The majority of Plaintiffs' fees were incurred in con...
2023.05.09 Demurrer, Motion to Strike 600
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.05.09
Excerpt: ...END as to all asserted causes of action. Cal. Code Civ. Proc., S 430.10, subd. (e). Defendants' March 20, 2023 Request for Judicial Notice is GRANTED. Cal. Evid. Code, S 452, subd. (d). The Court takes judicial notice of the documents attached to the Declaration of Susan K. Riggio, but does not take judicial notice of the truth of statements or allegations therein. Applicable legal principles In reviewing a demurrer, the Court assumes that all pr...
2023.05.02 Motion for Judgment on the Pleadings 417
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.05.02
Excerpt: ...). A. Legal Standard for Judgment on the Pleadings A defendant may move for judgment on the pleadings on the grounds that "the complaint does not state facts sufficient to constitute a cause of action against that defendant." Code Civ. Proc., S 438, subd. (c). "The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." ld., at ...
2023.05.02 Demurrer to FAC 536
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.05.02
Excerpt: ...laintiffs' Judicial Council form FAC alleges that six causes of action are attached at item 10: (1) Motor Vehicle, (2) General Negligence, (3) Intentional Tort, (4) Fraud, (5) Breach of Contract, and (6) Extortion. However, there is only one attachment, which is entitled "NEW DISCOVERY AMENDMENT TO COMPLAINT FOR AUTO FRAUD, BREACH OF CONTRACT, DISCRIMINATION & INTENTIONAL & INFLICTED EMOTIONAL DISTRESS," which appears to intend to name four cause...
2023.04.24 Motion to Transfer Venue, for Monetary Sanctions 904
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.24
Excerpt: ...ral Rules of Venue for Contract Actions As applied to this action, Code of Civil Procedure Section 395 provides two alternative bases for venue: Defendant's residence and the place where the contract was entered into or to be performed. (Cal. Code Civ. Proc., S 395, subd. (a).) Based on the facts of this case, venue based on the contract does not apply. 8. Section 395 Does Not Apply to this Case By the express language of Section 395, the locatio...
2023.04.24 Motion to Compel Compliance with Agreement for Production of Docs, for Monetary Sanctions 643
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.24
Excerpt: ...contends that the issues raised by his Motion have been resolved in part by the production of documents on November 8 and November 29, 2022, but that the issues of a privilege log and of sanctions have not been resolved. (See Reply, at p. 2:3-15.) Defendant's request for an order compelling production of any documents is now moot, as Defendant agrees that the documents were produced after the filing of the Motion. Defense counsel has sought a pri...
2023.04.24 Demurrer 151
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.24
Excerpt: ...otection Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate) purported to state 30 days' notice to tenants, it did not state the 'no fault — just cause' basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because "The Complaint alleges that the lease at issue her...
2023.04.24 Demurrer 150
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.24
Excerpt: ...ction Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate) purported to state 30 days' notice to tenants, it did not state the 'no fault — just cause' basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because "The Complaint alleges that the lease at issue here i...
2023.04.17 Demurrer 129
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.17
Excerpt: ...t Protecton Act of 2019 (TPA). According to Defendant, "[a]lthough [the Thirty Day Notice to Terminate] purported to state 30 days' notice to tenants, it did not state the "no fault — just cause" basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA, at p. 3.) In response, Plaintiff claims that the TPA does not apply because the "Complaint alleges that the lease at issue here is for...
2023.04.17 Motion to Expunge Lis Pendens 447
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.17
Excerpt: ... quiet title and constructive trust are real property claims. 80th claims, if successful, would result in a change of title. However, as discussed below, Plaintiff fails to plead facts demonstrating the probable validity of any real property claims. 1. Quiet Title. The general rule is that the holder of equitable title cannot maintain a quiet title action against the holder of legal title. (Warren v. Merrill (2006) 143 Cal.App.4th 96, 113.) An ex...
2023.04.17 Demurrer 149
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.17
Excerpt: ...otection Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate] purported to state 30 days' notice to tenants, it did not state the "no fault — just cause" basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because the "Complaint alleges that the lease at issue her...
2023.03.27 Motion to Expunge Lis Pendens 023
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.03.27
Excerpt: ...ng reviewed BG's moving papers and supporting evidence, the Court finds good cause to sign an expungement order (assuming it is in proper form), conditioned on BG giving an undertaking. (See id., S 405.33.) Further, BG's October 5, 2022 Request for Judicial Notice is GRANTED as to Exh. 1 (Evid. Code, S 452(c)), and GRANTED as to Exhs. 2-3 (ld., S 452(d)). Factual and Procedural Background. Plaintiffs allege that the subject residential real prope...
2023.03.27 Motion for Summary Judgment, Adjudication 412 (2)
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.03.27
Excerpt: ...spose of all causes of action. Defendants' Alternative Motion for Summary Adjudication of Plaintiffs' Complaint is GRANTED-IN-PART and DENIED-IN-PART. Specifically, Defendants' Motion for Summary Adjudication is GRANTED as to Issues 4, 6, 12, 14, 16, and DENIED as to Issues 1, 2, 3, 5, 7, 8, 9, 10a, 10b, 11, 13, 15, 17, and 18. Defendants' Objections 1. Opposing Declaration of Randy Dizitser (Exhibit 3 to the Compendium of Evidence in Opposition ...
2023.03.27 Motion for Summary Judgment, Adjudication 412
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.03.27
Excerpt: ... Dizitser") and Michelle Dizitser ("M. Dizitser") Crosscomplaint is GRANTED. The undisputed material facts show that the Cross-complaint has no merit and Cross-defendants AVJOG and Chadha are entitled to judgment in their favor. A. First Cause of Acton (Wrongful Eviction) 1. Issue 1: The Dizitsers Were Neither Parties to nor ThirdParty Beneficiaries of the Lease between AVJOG and MxM It is undisputed that the Dizitsers were not parties to the Lea...
2023.03.27 Demurrer to FAC 741
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.03.27
Excerpt: ... to Evid. Code, S 452(d). The Court additionally takes judicial notice of the pleadings filed in related Case No. 1. Defendant Sarah Hillhouse's Demurrer to the 13th COA for Civil Embezzlement is OVERRULED The Court analyzed a demurrer to a similar COA in Plaintiff's Crosscomplaint in a related action, Case No. 22-CL_J-WCb40, and overruled the demurrer to that COA because the Court found that under a broad, liberal reading of the pleading, the Cr...
2023.03.20 Motion to Compel Production of Docs, for Sanctions 571
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.03.20
Excerpt: ...epartment's ("Defendant") Motion to Compel Plaintiff Joseph Echema's ("Plaintiff") Responses to Set No. 1 of Defendant's Requests for Production of Documents, Form Interrogatories, and Special Interrogatories and to Impose Sanctions is DENIED for the reasons set forth below. A. Defendant's Request for Order Compelling Further Responses Is untimely On March 26, 2021, Plaintiff served verified responses to Defendant's First Set of Requests for Prod...
2023.03.20 Motion to Compel Arbitration and Stay Proceedings 300
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.03.20
Excerpt: ...ENIED-IN-PART. (Cal. code Civ. Proc., SS 1281.2, 1281.4.) Plaintiff Brennan Lawson ("Plaintiff") has filed two actions against Defendant Meta. The two related cases inwlve substantially the same allegations against Defendant. The Court has already determined that the instant case (Case No. 22ClV03300, filed on August 11, 2022) is related to Case No. 22ClV02723, filed on July 5, 2022. (See October 10, 2022 Order Deeming Cases Related.) In this cas...
2021.10.28 Demurrer 426
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.10.28
Excerpt: ...nary matter, the Court notes that the Fund failed to separately and specifically set forth the grounds for the demurrer in violation of Code of Civil Procedure § 430.60; California Rule of Court Rule 3.1320(a). Despite this procedural defect, the Court considers the substance of the demurrer. The Fund challenges only CSNI's claim for quantum meruit. “To recover on a claim for the reasonable value of services under a quantum meruit theory, a pl...
2021.10.21 Motion to Enforce Arbitration Agreement and Stay Action 290
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.10.21
Excerpt: ...A US, LLC (“FCA”). In connection with this transaction, Plaintiff received various warranties from FCA. The vehicle allegedly had multiple defects. On several occasions between 2019 to 2020, Plaintiff took the vehicle to FCA's authorized repair facility, Defendant Putnam Chrysler Jeep Dodge (“Putnam”), but Putnam was unable to successfully repair it. On January 1, 2021, Plaintiff filed this lawsuit, asserting claims against FCA for violat...
2021.10.21 Motion for Summary Judgment, Adjudication 521
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.10.21
Excerpt: ...cation. (See Cal. Code Civ. Proc., § 437c, subd. (h) [“If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.”].) The Code ...
2021.10.21 Demurrer 208
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.10.21
Excerpt: ... he had been seen for a strained knee. Defendant demurred on the ground that emergency personnel are immune from all but grossly negligent conduct or acts not in good faith. Defendant's demurrer relies exclusively on the immunity provisions of Health and Safety Code section 1799.106. (See Demurer at p. 2.) Section 1799.106 confers immunity when emergency services are provided “at the scene of an emergency or during an emergency air or ground am...

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