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2021.10.14 Motion for Reconsideration 446
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.10.14
Excerpt: ...f months after that purchase, Plaintiff's wife tried to make another purchase but was informed that the card balance was $0.00. Nordstrom investigated, discovered that the card had been used fraudulently, and issued a new gift card to Plaintiff's wife via email in the amount of the alleged loss, $483.21. Plaintiff filed a complaint against Nordstrom asserting causes of action for breach of contract, negligence, and statutory violations of the Con...
2021.10.14 Motion for Good Faith Settlement 914
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.10.14
Excerpt: ...otal settlement with Plaintiffs was not in good faith. 1. Background These consolidated personal injury cases arise from an August 5, 2017 incident on the campus of Defendant Menlo College (“Menlo”) in Atherton, California. Plaintiffs Julie Dale, Jodi Cohen, Jasmine Garcia, Chris Garcia, Zealyn Garcia, and Irelyn Garcia (“Plaintiffs”) were attending a company picnic at Menlo's campus, under an oak tree, when a large branch fractured and s...
2021.10.14 Demurrer, Special Motion to Strike 524
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.10.14
Excerpt: ...ce. While attempting to park, he “had an encounter” with Defendant Victoria Haller, who yelled at Caraway in a manner designed to intimidate him. She “screamed at him that she was going to call the police regarding what should have been a non‐incident.” The police arrived and arrested Plaintiff, ostensibly for ‘hit and run' though he never hit the Defendant Haller and never ran from the scene. These charges were reduced before he was ...
2021.10.14 Demurrer 639
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.10.14
Excerpt: ...romissory Fraud is OVERRULED. (Cal. Code Civ. Proc., § 430.10(e).) Plaintiff has alleged sufficient facts to demonstrate justifiable reliance. (FAC ¶¶ 6‐7.) Second Cause of Action Defendant's general demurrer to the Second Cause of Action for Breach of the Implied Covenant of Quiet Enjoyment is OVERRULED. (Cal. Code Civ. Proc., § 430.10(e).) Plaintiff has alleged facts sufficient to plead this cause of action. (FAC ¶ 18.) The sole issue ra...
2021.10.07 Motion to Coordinate Actions for Trial 847
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.10.07
Excerpt: ...C‐21‐589223, filed in San Francisco County Superior Court in 2021. Plaintiff's Motion for an Order Coordinating the Actions is DENIED. Background In the instant action, Plaintiff's lawsuit concerns cosmetic medical treatments provided to her by Defendants Joel Beck, M.D. and Alice Tung, N.P., in 2016, which involved the use of the Ulthera System (“Ultherapy”) manufactured by former defendant Merz North America (“Merz”). Plaintiff file...
2021.10.07 Motion to Compel Production of Docs 446
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.10.07
Excerpt: ...��Nordstrom”) but never used it. A little over a year later, Plaintiff's wife used the card for a small purchase. A couple of months after that purchase, Plaintiff's wife tried to make another purchase but was informed that the card balance was $0.00. Nordstrom investigated, discovered that the card had been used fraudulently, and issued a new gift card to Plaintiff's wife via email in the amount of the alleged loss, $483.21. Plaintiff filed a ...
2021.10.07 Motion to Compel Compliance 446
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.10.07
Excerpt: ...vid Weiner received a $500 gift card for use at Defendant Nordstrom, Inc. (“Defendant” or “Nordstrom”) but never used it. A little over a year later, Plaintiff's wife used the card for a small purchase. A couple of months after that purchase, Plaintiff's wife tried to make another purchase but was informed that the card balance was $0.00. Nordstrom investigated, discovered that the card had been used fraudulently, and issued a new gift ca...
2021.10.07 Motion to Appoint Arbitrator 369
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.10.07
Excerpt: ...rm”) is DENIED. Plaintiff's Counsel's Declaration is Not Signed As an initial matter, the declaration of Plaintiff's counsel filed in support of this Motion is unsigned. (See Galligan Dec.) “Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.” (Cal. Cod...
2021.09.30 Motion to Seal 580
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.09.30
Excerpt: ... under seal the portions of his Memorandum of Points and Authorities that set forth portions of the parties' Settlement Agreement in a prior action. (See Mem. at pp. 7:11‐ 23, 13:21‐22, 13:25‐26). Additionally, Plaintiff moves to file under seal documents for which he requested judicial notice in Opposition to Defendant's Anti‐SLAPP Motion: (1) Exhibit B to the First Amended Complaint filed March 30, 2021 (Ex. 1); (2) Defendant's Answer t...
2021.09.30 Demurrer 639
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.09.30
Excerpt: ...l. Code Civ. Proc., § 430.10(e).) Plaintiff has alleged sufficient facts to demonstrate justifiable reliance. (FAC ¶¶ 6‐7.) Second Cause of Action Defendant's general demurrer to the Second Cause of Action for Breach of the Implied Covenant of Quiet Enjoyment is OVERRULED. (Cal. Code Civ. Proc., § 430.10(e).) Plaintiff has alleged facts sufficient to plead this cause of action. (FAC ¶ 18.) The sole issue raised by a general demurrer is whe...
2021.09.23 Motion to Quash Service of Summons 650
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.09.23
Excerpt: ...aused some documents relating to the case, but not naming the complaint and summons, to be mailed to Defendants' counsel, apparently without first obtaining an agreement to accept service. Thereafter, on May 27, 2021, Plaintiff filed a “proof of service” indicating she had caused documents relating to the case, including the complaint, summons, civil case cover sheet, and ADR packet, to be mailed to Defendants Ana Maria Altube‐Starr and Ber...
2021.09.23 Motion for Summary Judgment 111
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.09.23
Excerpt: ...eza, “replaced and repaired Plaintiff's front bridge so negligently that Plaintiff was unable to use it, endured pain and suffering, lost time at work, and was forced to incur the time and expense of obtaining a satisfactory bridge from another dentist.” (Comp., First Cause of Action – General Negligence, at p.1.) On November 4, 2019, Defendant filed the instant Motion for Summary Judgment (“MSJ”). Attached to the declaration of Defenda...
2021.09.16 Motion for Immediate Possession of Real Property 560
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.09.16
Excerpt: ...earings” or “Defendants”) own six parcels of real estate (the “Property”) in the “West of Railroad Planned Development (‘WRR PD') area” in the City of Half Moon Bay (“City” or “Plaintiff”). The City has exercised its eminent domain authority and, after paying $91,000 into the State Treasury seeks to take immediate possession of the Property. Defendants oppose the City's motion for pre‐judgment possession; the amount the ...
2021.09.16 Demurrer 800
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.09.16
Excerpt: ...ow, Defendant's Demurrer to the First through Fifth Causes of Action on the ground that the Complaint fails to state facts sufficient to support each of these causes of action because AAUAC lacks standing to bring them, is SUSTAINED WITH LEAVE TO AMEND as to the First, Second, and Third Causes of Action, and OVERRULED as to the Fourth and Fifth Causes of Action. In addition, Defendant's Demurrer to the First, Second, Third, and Fifth Causes of Ac...
2021.09.16 Demurrer 220
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.09.16
Excerpt: ..., Section 1946.2. The Complaint properly states a cause of action for unlawful detainer. The Notice expressly informed Defendants of Plaintiff's intent to sell the property, which is reasonably understood to mean Plaintiff is withdrawing it from the rental market in order to sell it, thereby constituting “just cause” for the unlawful detainer. Further, although Section 1946.2, subd. (d)(2) requires that the Notice state the amount of rent bei...
2021.09.09 Motion to Strike, Demurrer 518
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.09.09
Excerpt: ...hat the Parties' met and conferred regarding the basis of Defendants' Motion to Strike Portions of the Plaintiff's Complaint as directed by the Court in its July 22, 2021 Order, the Court has reviewed the Parties' papers in support of and in opposition to the Motion and rules as follows. The Motion to Strike Portions of Plaintiff's Complaint filed by Defendants Rushmyfile, Inc., FMC Lending, Inc. dba American Private Money Group and Andrew A. Dio...
2021.09.09 Demurrer 605
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2021.09.09
Excerpt: ...e Civ. Proc., §430.10(e). Plaintiff did not assert a fraud cause of action in his Second Amended Complaint. Plaintiff has stated facts sufficient to state a cause of action for failing to obtain Plaintiff's informed consent. Cobbs v. Grant (1972) 8 Cal.3d 229, 243 (holding that “as an integral part of the physician's overall obligation to the patient there is a duty of reasonable disclosure of the available choices with respect to proposed the...

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