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

2505 Results

Location: San Mateo 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 (true) AND (true) ORDER BY post_title DESC LIMIT 0,50
Array
(
)
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...
2024.05.17 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 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 ...
2024.05.15 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...
2024.05.15 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...
2024.05.14 Motion to Compel Responses, to Deem RFAs Admitted 879
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.14
Excerpt: ... Plaintiff by each Defendant, as well as to the Form Interrogatories, Set One, served on Plaintiff by Defendant Bay Area Obstetrics & Gynecology. The pending Amended Notice of Motion and Motion to Compel Responses to Discovery (the “Motion to Compel”) is timely and unopposed. Plaintiff sent an improper ex parte email to Department 4, not copied to Defendants, requesting a 12 -month continuance because she needs time to find an attorney and f...
2024.05.14 Motion to Compel Further Responses 947
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.14
Excerpt: ...iffs AJ Vasquez's and Jessica Vasquez's Further Responses to Requests for Production of Documents is GRANTED in part and DENIED in part. Plaintiffs AJ Vasquez and Jessica Vasquez shall provide further responses and produce all responsive documents in accordance with t hose further responses no later than ten (10) days after service of written notice of the formal order. Defendants Nationwide General Insurance Company and Allied Property and Casua...
2024.05.14 Motion for New Trial 584
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.14
Excerpt: ...l; 2. miscon duct of the jury; 3. excessive or inadequate damages; and 4. insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law. (Code of Civ. Proc., § 657, subd. (1),(2),(5),(6).) A motion for new trial asks the court to reexamine one or more issues of fact or law after a trial. (Code of Civ. Proc., §§ 656, 657.) The motion is entirely statutory and the procedural requirements ...
2024.05.13 Demurrer to FACC 067
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ...es, Inc.'s First Am ended Cross -Complaint (“FACC”), filed September 6, 2023, is OVERRULED as follows. Failure to Allege Sufficient Facts The FACC alleges that “On or about November 27, 2019, HOME SAFETY tendered its defense to MUSIC, who denied defense claiming that it owed n o duty to defend or indemnity HOME SAFETY on grounds that HOME SAFETY had purchased its own liability insurance with VGM Insurance Services (“VGM”), and MUSIC's ...
2024.05.13 Motion for Judgment on Pleadings 052
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ...d Nov. 3, 2023, i s DENIED. (Code Civ. Proc. Sect. 438.) Defendants' 11 -3 -23 Request for Judicial Notice is GRANTED as to Exhibits 1 -2 and 6 -8 (Evid. Code Sect. 452(d)), and GRANTED as to Exhibits 3 -5 (Evid. Code Sect. 452(c).) As to court -filed documents, the Court takes judicial notice of their filing dates and contents, but not the truth of statements/allegations therein. Plaintiffs' 2 -20- 24 Request for Judicial Notice is GRANTED. (E...
2024.05.13 Motion for Summary Judgment 145
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ... subdivision applie s to a motion for summary adjudication though. (See Cal. Rules of Court, rule 3.1350(b).) Plaintiff seeks only summary judgment and does not also seek summary adjudication. (See Plaintiff's Notice of Motion.) Therefore, Rule 3.1350(b) does not apply here. Plaintiff seeks summary judgment to the Third Cause of Action for Breach of Lease, which is the only remaining cause of action in the FAC. The Third Cause of Action alleges b...
2024.05.13 Motion to Quash and Vacate Entry of Default Judgment 369
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ...ty in South San Francisco against Defendants Mitch Matsuno and Suryadi Koswara. On 3/29/2024, Plaintiff filed proofs of service of summons by personal service for each of the Defendants, purportedly at the property which is the subject of the action (100 Baden Ave #207, South San Francisco). On 3/29/2024, Plaintiff requested clerk's judgment for possession only, which was entered by the clerk on that day. Defendant Suryadi Koswara now moves the ...
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...
2024.05.08 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 ...
2024.05.06 Demurrer 642
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...ions 426.30( a), 430.10(e). Defendants' Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code Section 452(d). Cal. Code of Civil Procedure Section 426.30(a) provides: “Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross -complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such ...
2024.05.06 Motion for Leave to File Amended Complaint 905
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...o exercise discretio n liberally to permit amendment of pleadings. (Code Civ. Proc. Sect. 473; 576; Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.) Relevant procedural history. On July 10, 2023, the Court sustained, in p art, Defendant Tesla's Demurrer to Plaintiff's Third Amended Complaint, with respect to the second, third, fourth, fifth, and sixth causes of action therein, without leave to...
2024.05.06 Motion for Summary Judgment, Adjudication 643
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...l notice only as to the existence of these records, and not as to the truth of the factual matters contained therein. (Dominguez v. Bonta (2022) 87 Cal.App.5th 389, 400.) For the following reasons, however, Defendants' Motion for Summary Judgment and/or Summary Adjudicat ion is continued to August 19, 2024. In the operative Third Amended Complaint, Plaintiff alleges, in short, that the parties entered into a settlement agreement in 2015 resolving...
2024.05.06 Motion for Summary Judgment, Adjudication 752
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...s here for summary judgment on the grounds that each claim of the First Amended Complaint (the “FAC”), which asserts causes of action for violations of the Fair Employment and Housing Act (the “FEHA”) in a single count, are timebarred. The County also moves for summary adjud ication of pre-2015 violations of the FEHA in the alternative. In support of both grounds, the County contends that Plaintiff Catherine Baker failed to exhaust her ad...
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...
2024.05.02 Motion for Summary Adjudication 800
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.02
Excerpt: ...tice (RJN) is GRA NTED. (Evid. Code Sect. 452(b) [regulations & legislative enactments]; 452(c) [official acts of legislative, executive, or judicial departments of federal or state government]; 452(d) [court records].) As with all documents subject to judicial notice, the Court takes judicial notice of their contents and filing dates, but not the truth of statements or allegations therein. Plaintiff's 4 -18 -24 RJN is GRANTED. (Evid. Code Sect....
2024.05.02 Demurrer to Complaint 311
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.02
Excerpt: ...nt San Bruno Park School District's Demurrer to Complaint (the “Davis Declaration”). The Davis Declaration was not filed “with the Demurrer” on March 13, 2024, as required by section 430.41(a)(3), though its exhibit meet -and -confer letter was. The Davis Declaration was filed the following day. b. Legal Standards for Demurrer California Code of Civil Procedure section 430.30 provides that an objection to a complaint may be made via dem...
2024.05.02 Demurrer 660
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.02
Excerpt: ...T, CORP. TEN TATIVE RULING: Defendants' Demurrer to Plaintiff's Complaint is OVERRULED. Defendants' Request for Judicial Notice is GRANTED, but only as to the existence of the documents and not to any particular construction of its terms or the truth of any matter the rein. (See MiddlebrookAnderson Co. v. Southwest Sav. & Loan Assn. (1971) 18 Cal.App.3d 1023, 1038.) Plaintiff's Request for Judicial Notice is GRANTED, but only as to the existence ...
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....
2024.04.30 Demurrer to FAC 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.30
Excerpt: ...e years of filing, ( 2) statute of limitations, and (3) discretionary dismissal for delay in service and prosecution. The court rules on the demurrer as follows: A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts 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 Cal. v. Association of Bay Area Gov'ts (2020...
2024.04.30 Demurrer to FAC 348
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.30
Excerpt: ...unfair compet ition, breach of fiduciary duty, fraud in the inducement, constructive fraud, and negligent misrepresentation in the First Amended Complaint (FAC). In the reply, defendants allege that plaintiffs failed to serve the opposition on them and, therefore, there is no opposition and the court should sustain the demurrer. Defendants also provided a substantive reply and because defendants have demonstrated no prejudice since they were abl...
2024.04.30 Motion for Entry of Judgment 052
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.30
Excerpt: ... (See Cal. R ules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Plaintiff Debt Management Partners, LLC's unopposed motion for entry of judgment pursuant to written stipulation of all parties is GRANTED pursuant to Code of Civil Proced ure section 664.6. Exhibit A to the declaration of plaintiff's counsel, John P. Kenosian, is the parties' conditional settlement agreement and stipulation for entry of judgment...
2024.04.30 Motion for Entry of Judgment and Permanent Injunction 774
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.30
Excerpt: ...facts by the parties cannot be resolved on plaintiffs' motion and in furtherance of the ends of justice, a trial should be set on the issue of damages. (See 7 Witkin, Cal. Proc. (6th ed., Mar. 2024 Update) Trial § 397; Fairbank, Cal. Prac. Guide: Civ. Trials & Ev. (Rutter, Oct. 2023 Update) ¶¶ 4:368 – 4:370.) While the court never issued a formal order of bifurcation, the parties agreed and the court conducted the February 16, 2023 on the is...
2024.04.30 Motion for Leave to File FACC 716
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.30
Excerpt: ...f Brian Dworetzky within five days after notice of entry of order. The parties are to meet -and -confer regarding modifying the deadlines in the court's pretrial order and the discovery cut -off and provide a stipulation and proposed order regarding the extending of any pretrial da tes. If the parties cannot agree, the parties will hold an informal conference, which can be arranged by the parties jointly emailing Department 4. In this case, plai...
2024.04.30 Motion to Vacate Motion for Attorney Fees 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.30
Excerpt: ...Development and Javier Chavarria's motion to vacate. Preliminary Matters Initially, the court notes that real parties moved pursuant to Code of Civil Procedure section 633 (all further statutory references are to the Code of Civil Procedure) in their initial notice (no tice at p. 2), but corrected that typo in their amended notice (amended notice at p. 2.) The court considers the motion pursuant to the standards of section 663. Petitioners/Plaint...
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...
2024.04.25 Motion for Terminating Sanctions, for Monetary Sanctions 540
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.25
Excerpt: ...ED in part. On April 6, 2023, the Court ordered Defendant Omar A. Hernandez Sr. aka Omar Hernandez Lopez aka Omar Alberto Hernandez Sr. aka Alberto Lopez aka Omar Alberto Hernandez Lopez (“Hernandez”) to serve verified and objection -free responses to CAB's document requests and to special interrogatories, no later than April 28, 2023, or fourteen (14) days after the service of CAB's Notice of Ruling. This Court also ordered Hernandez to pay...
2024.04.25 Motion for Summary Judgment, Adjudication 985
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.25
Excerpt: ...rnatively Summary Adjudication Re: the First Amended Cross -complaint and Each of Its Causes of Action is GRANTED in part and DENIED in part as set forth below. Cross -defendants Thomas Del Sarto's, Rollen Steele's, and Angela Steele's Request for Judicial Notice is GRANTED as to all items. This landlord- tenant case arises out of the lease of commercial real property located at 1129 Old County Road in San Carlos (the “Premises”) by Plaintiff...
2024.04.25 Motion for Reconsideration, for Determination of Evidentiary and Legal Issues 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.25
Excerpt: ...anctions (“Supplemental Sanctions Order”) and the [Supplemental] Order Granting City of Half Moon Bay's Motion to Quash the Deposition Notice and Subpoena of Deborah Q. Ruddock and for a Protective Order (“Supplemental Order re Motion to Quash”; together, “Proposed Orders ”). A. Reconsidering the Supplemental Order Granting City of Half Moon Bay's Motion to Compel Further Discovery Responses and For Sanctions The order entered by this...
2024.04.25 Motion for Judgment Notwithstanding Verdict 700
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.25
Excerpt: ...hen no substantial e vidence and no reasonable inference therefrom support the jury's verdict. Hauter v. Zogarts (1975) 14 Cal.3d 104, 110. If the evidence viewed in the light most favorable to the party securing the verdict cannot support that verdict, then may a JNOV motion be granted. Ibid. In ruling on a JNOV motion, a court cannot weigh the evidence or judge the credibility of witnesses. Ibid. (citing Quintal v. Laurel Grove Hosp. (1964) 62 ...
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 �...
2024.04.24 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...

2505 Results

Per page

Pages