Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

95 Results

Clear Search Parameters x
Location: San Mateo x
Judge: Finigan, Jeffrey R x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 242)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 845)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 25
Array
(
)
2024.06.14 Special Motion to Strike 326
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.14
Excerpt: ...set forth in Civil Code §47(c)(1). Defendant seeks to strike ¶¶ 38 – 43 and 61 – 68 of Plaintiff Steven Heindel's First Amended Complaint (FAC). The Court does not deny the Motion on the merits. Rather, the Court finds that both parties miss the mark and overlook the thre shold issue, so the Motion is denied based on the procedural ground of failing to address a necessary issue. Both parties go straight to arguing the common interest privi...
2024.06.14 Motion for Attorney Fees 420
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.14
Excerpt: ... herein, i.e . defendant's frivolous opposition to PAPMWC's Motion for Protective Order, “the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion f or a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction u...
2024.06.14 Motion to Set Aside Abstract of Judgment 171
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.14
Excerpt: ...5.23; 2. Motion to Enforce Settlement Agreement filed 5.5.23; and 3. Motion to Set Aside Abstract of Judgment filed 10.25.23. The motions appear to have all been continued following Defendant's filing of a Notice of Appeal on 11.6.23. That Appeal was denied and the Remittitur filed in this Court on 2.7.24. Accordingly, the motions are now back before this Court for ruling. Plaintiff Lauren Boardman filed Oppositions to all three motions and Defen...
2024.06.07 Motion to Quash Subpoenas, for Protective Order 906
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.07
Excerpt: ...Plaintiff was a ch ild. During recent discovery, Plaintiff deposed third party witness “B.M.,” whom Plaintiff alleges was also sexually abused by Defendant Shamieh as a child. With this motion, Defendant asks the court to strike/preclude Plaintiff from using B.M.'s depositio n testimony (or portions thereof), and to quash Plaintiff's deposition subpoenas to two other third party witnesses, S.W. and N.S., on grounds that such depositions/quest...
2024.06.07 Motion to Compel Responses, to Deem RFAs Admitted 688
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.07
Excerpt: ... Tammy Cooper to Form Interrogatories Set One, Special Interrogatories Set One, Request for Production Set One; To Compel Deposition; and to Deem Admitted Request for Admission Set One; and For Sanctions (the “Motion”) is GRANTED IN PART. 1. Motion to Compel Response s to the Form Interrogatories, Special Interrogatories, and Requests for Production of Documents. Defendant Cooper's failure to respond to Plaintiff's form interrogatories, speci...
2024.06.07 Demurrer, Petition for Coordination 197
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.07
Excerpt: ...ntly ascertain able. The most important factor in determining the ascertainability of a class is that it be defined “in terms of objective characteristics and common transactional facts that make the ultimate identification of class members possible when that identificat ion becomes necessary.” (Noel v. Thrifty Payless, Inc. (2019) 7 Cal.5th 955, 980 [citation omitted].) The class definitions in the SAC do not meet this standard, because ...
2024.05.31 Motion to Quash and Application for Protective Order, to Compel Production of Business Records 470
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.31
Excerpt: ...rganized and, in many respects, procedurally improper. The Court could have denied the Motion on that basis alone and likely will if this is repeated in the future. Nevertheless, having spent the time to understand the disarray, the Court gets to the merits in order to move this litigation forward. The original motion was filed on December 28, 2023, with no Memorandum of Points and Authorities. The Motion was also not preceded by a mandatory inf...
2024.05.24 Motion to Compel Production of Docs 397
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.24
Excerpt: ... various caus es of action related to alleged abuse by former Deputy Probation Officer John Domeniconi. In this particular case, John JV Doe's allegations arise out of conduct that occurred between 2000 and 2003. (Second Amended Complaint (SAC) ¶33, 41.) By this Moti on, Plaintiff seeks records from the San Mateo County Probation Department related to former Assistant Chief Probation Officer Bonnie Macaskill, who has been employed by the Probati...
2024.05.24 Demurrer 496
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.24
Excerpt: ...INED without leave t o amend. Plaintiffs' Complaint alleges that decedent Mrs. Menjivar, the mother of Plaintiffs Salvador and Edgard Menjivar, as well as Defendants Mario and Roberto Menjivar, wrote a will several years prior to her death in which she purported to leave her assets to her four sons equally. Seven years after the will was written, and prior to her death, Defendant Mario Menjivar moved into Mrs. Menjivar's home with her. As relevan...
2024.05.17 Motion for Summary Judgment 311
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.17
Excerpt: .... Defendants' o bjection to Plaintiff's Exh. 4 is SUSTAINED in part, in that the text messages contained in the exhibit that discuss offers to pay may not be used to prove liability for breach of contract, though they are admissible to show that the promissory note has no t been paid. Plaintiff objects to the Declaration of Bogdan Ryczkowski as unsupported by proper foundation and substantially hearsay. The foundation and hearsay objections are O...
2024.05.17 Motion for Leave to File FAC 304
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.17
Excerpt: ...osing party. (Hi ggins v. Del Faro (1981) 123 Cal.App.3d 558, 564- 565.) Accordingly, the Motion is only granted with respect to adding parties. The remainder of the Motion is denied for failing to comply with CRC Rule 3.1324. Defendants Cory L. Cooper and Dwell Realtors, Inc.'s (“Defendants”) position regarding the Motion being untimely is obviously well taken. Nevertheless, Defendants have been able to file a substantive response and have ...
2024.05.17 Motion to Strike 419
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.17
Excerpt: ...) Pursuant To CCP §425.16 (Motion or anti -SLAPP Motion) is GRANTED. Defendant Stiles filed a first anti -SLAPP motion regarding the original Cross -Complaint's claim for abuse of process. Cross -Complainant then filed the FACC, which includes as its Ninth Cause of Action a re vised claim for Abuse of Process. This Court granted the anti -SLAPP motion as to the original Cross -Complaint. However, because Cross -Complainant's opposition to tha...
2024.05.17 Petition for Writ of Mandate 156
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.17
Excerpt: ...��nding that Petitioner was driving with a BAC of 0.08% or higher. Although not contested, for completeness, the Court notes that it also finds the evidence supports reasonable suspicion for the stop and probable cause for the arrest and requiring Petitioner to submit to a BAC test. Second, DSO Medina's decision to suspend Petitioner's CDL was supported by her findings. Third, DSO Medina acted lawfully as a neutral factfinder and not as an adv...
2024.05.10 Motion to Serve Objections to Requests for Production of Docs 536
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...the imprope r address for the hearing. Department 24 is not located in San Mateo, but instead at the Hall of Justice, Courtroom 2F, 400 County Center, Redwood City, CA 94063. (See CRC Rule 3.1110 [the Notice “must specify” the location of the hearing].) This is like ly moot in light of the fact almost all counsel appear via Zoom, but the Court notes it here just in case and for counsel's future reference. The Court now addresses the merits. T...
2024.05.10 Motion to Compel Production of Docs for Inspection 397
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...ious causes of action related to alleged abuse by former Deputy Probation Officer John Domeniconi. In this particular case, John JV Doe's allegations arise out of conduct that occurred between 2000 and 2003. (Second Amended Complaint (SAC) ¶33, 41.) By this Motion, Plaintiff seeks records from the San Mateo County Probation Department related to former Chief Probation Officer Stuart Forrest. Forrest was employed by the Probation Department from ...
2024.05.10 Motion to Compel Further Responses 268
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...ollision Inc. shall provide further responses to Plaintiff Joel Gomes' requests for production, set one, Nos. 38 and 46 no later than fifteen (15) days after service of written notice of this motion. Defendant AW Collision of SSF, Inc. shall provide further responses to Plai ntiff Joel Gomes' requests for production, set two, Nos. 39 and 45 no later than fifteen (15) days after service of written notice of this motion. Defendants Bobby Ali and ...
2024.05.10 Demurrer to SAC 518
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...uses of action on the grounds that these claims should be brought derivatively by Plaintiff and she has no standing to bring them as direct claims. Defendant demurs to the third cause of action on the grounds that this claim fails to state facts sufficient to constitute a cause of action. CCP § 430.10(e). Plaintiff's single page, cursory Opposition is without merit A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal suff...
2024.05.10 Demurrer 368
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...ia influencer with an Instagram account through which she manages personal and business matters. In June 2022, Plaintiff realized her Instagram account Anickamcfall was hacked and then deleted. The hacker absconded with $16,000.00 that was held in the monetized accou nt linked to “the social media platform” and further held the accounts hostage to extort Plaintiff into paying money to restore them. The hacker did so by impersonating Instagra...
2024.05.03 Demurrer to TAC 852
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.03
Excerpt: ...ted two additio nal supplemental briefs and this tentative addresses those additional arguments and evaluates several authorities not cited in the last tentative and expands upon some authorities cited before. The Court very much appreciates the parties' additional work. The Court GRANTS the parties' requests for judicial notice. Evid. C. §§451 - 453. This action concerns the founding of two aerospace companies: “Original Firefly,” in whic...
2024.04.26 Motion to Reduce Jury Award by Prior Settlement Amounts 881
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.26
Excerpt: ...t culminated with j ury verdicts on February 29, 2024, awarding damages to Plaintiff as follows: • Late charges and interest • Tenant expenses • Lost rent from 11/2018 to 6/2022 • Repair and remediation expenses $5,0621 $91,284 $8,425 $9,875 Prior to trial, Plaintiff s ettled with co-defendants the Polettis, for $400,000, and Alexander Malaspina, for $187,500, for a total of $587,500. Plaintiff's First Amended Complaint (FAC) alleged a nu...
2024.04.26 Motion for Summary Judgment, Adjudication 304
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.26
Excerpt: ...: BACKGROUND Plaintiff brings this action against her former real estate agent Cooper, arising from the sale of her former residence at 236 24th Avenue in San Mateo (“property”). At the time Plaintiff lived at the property for over 50 years and was 87 years old. Plaintiff retained Cooper, who worked for Dwell at the time, to assist her with selling the property. Plaintiff claims that Cooper pressured her not to list the property on the multip...
2024.04.26 Demurrer to FAC 022
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.26
Excerpt: ...plaint (“FAC”) by Pla intiffs 400 Concar Drive Tenant LLC (“Tenant”) and WeWork Companies U.S. LLC (“WeWork”) (also collectively “Plaintiffs”) is ruled on as follows: (1) Demurrer to the First Cause of Action for Breach of Contract and Second Cause of Action is OVERRULED on the ground that WeWork lacks standing to bring this action. “Every action must be prosecuted in the name of the real party in interest, except as otherwise p...
2024.04.19 Motion to Strike 597
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.19
Excerpt: ... - 437.) Defendants' No tice of Motion incorrectly states that the hearing on this Motion will take place in Department 21. This matter will be heard in Department 24, located of 400 County Center, Redwood City, Ca. Defendants' Request for Judicial Notice (RJN) is GRANTED as foll ows: As to the document(s) filed in prior court proceedings, and as to the documents recorded with a County Recorder's office, the RJN is GRANTED. (Evid. C. § 452(...
2024.04.19 Motion to Dismiss Cross-Complaints for Lack of Prosecution 641
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.19
Excerpt: ...ortation Holdings, L LC's and Akira Takei's Unopposed Motion to Dismiss for Lack of Prosecution, joined by Cross -Defendants Philip White and Brandon Lawrence, dba Sportscars Italiano, is GRANTED. Code of Civil Procedure § 583.360 provides than an action shall be brought to tr ial within five years after it was commenced. The five- year period begins to run on the date the action is filed against the defendant. Davalos v. County of Los Angele...
2024.04.19 Demurrer, Motion to Strike Punitive Damages 762
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.19
Excerpt: ...alleged in th e operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. (New Livable California v. Association of Bay Area Governments (2020) 59 Cal.App.5th 709, 714 –715.) The demurrer may be made to the entire complai nt or to any of the cause of action therein. (CCP § 430.50(a).) To properly state a cause of action, a complaint must allege every element of that cause of action. (Shaeffer v...

95 Results

Per page

Pages