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2022.12.05 Motion for Summary Judgment, Adjudication 632
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.12.05
Excerpt: ...med consent—arising out of a shoulder surgery and bicipital tenodesis procedure performed by Bolanos on Plaintiff in 2019. (February 8, 2021 Complaint, p. 4.) By this Motion, Bolanos moves for summary judgment with respect to the action—and, in the alternative, summary adjudication with respect to these causes—on the grounds that Plaintiff cannot establish the elements of either claim and that the claims are time‐barred. A. Legal Standard...
2022.12.05 Motion for Summary Judgment 928
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.12.05
Excerpt: ...rent.” MPA, p.4‐5. Defendant contends that “As such, the ThreeDay Notice to Quit upon which Plaintiffs' complaint is deemed waived, unenforceable, and cannot support a later judgment.” MPA, p.5. The Court agrees. Plaintiff's Complaint alleges that, on September 29, 2022, Plaintiff issued a Three‐ Day Notice to Quit for Breach of Covenant resulting from Defendant's failure to comply with prior notices to cure breaches of the parties' lea...
2022.12.02 Motion to Strike Punitive Damages 641
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.12.02
Excerpt: ...(FAC), filed 8‐29‐22, is DENIED. Code Civ. Proc. Sect. 435; 436. Cirrus' failure to meet and confer. Code Civ. Proc. Sect. 435.5 required that Cirrus, prior to filing this Motion, discuss the substance of the Motion with Plaintiffs, either in‐person or by telephone, in an effort to resolve the dispute without the need for court intervention. The 8‐ 29‐22 declaration of Cirrus' counsel Patrick Bradley does not state how the parties met a...
2022.12.02 Motion to Compel Arbitration 363
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.12.02
Excerpt: ...ims raised in the Complaint. This action is STAYED pending resolution of the arbitration proceedings. In this Private Attorneys General Act (“PAGA”) action, Plaintiff asserts a single cause of action seeking civil penalties against Defendants for alleged violations of the Labor Code with respect to himself and to other workers. Defendants seek to compel a portion of this action to arbitration, pursuant to an arbitration agreement contained in...
2022.12.02 Motion for Attorney Fees 480
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.12.02
Excerpt: ... and found Defendant to be the prevailing party. (Defendant's Request for Judicial Notice, Exh. 4.) In any action on a contract where the contract provides for an award of attorney's fees and costs, the prevailing party shall be entitled to reasonable attorney's fees. (Civil Code § 1717(a).) Defendant establishes that it is entitled to recover reasonable attorney's fees as the prevailing party in this action pursuant to Civil Code section 1717. ...
2022.12.01 Motion for Good Faith Settlement 455
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.12.01
Excerpt: ...made in good faith. In support, PMI submits declarations from Rangi Perera, its counsel, and attaches the Settlement and Release Agreement (Settlement Agreement) to one of those declarations. The Settlement Agreement defines the scope of work performed by PMI on the construction project that resulted in the lawsuit and is covered by the release (PMI's Scope of Work). Specifically, the Agreement defines PMI's Scope of Work as “providing and inst...
2022.11.21 Motion to Compel Further Responses 290
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.11.21
Excerpt: ...est Seller Ltd. (“Best Seller”) shall provide further responses to Request for Production Nos. 63–71 within thirty (30) days of entry of the Court's formal order. Best Seller and Mayer shall also meet and confer, and they shall file, by December 5, 2022, a stipulated request for entry of an appropriate protective order for the Court's signature as discussed below. By this Motion, Plaintiff Alexander Mayer seeks to compel the further respons...
2022.11.21 Motion for Reconsideration 803
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.11.21
Excerpt: ...ion must be based on “new or different facts.” (Code of Civ. Proc. § 1008, subd. (a).) The moving party must “show diligence with a satisfactory explanation for not having presented the new or different information earlier.” (Even Zohar Constr. & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 839.) Plaintiff's motion presents facts that were not before the Court when the Court heard the underlying motion. (See Decl. ...
2022.11.21 Demurrer 091
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.11.21
Excerpt: ... on the grounds that these causes of action are barred by the three‐year statute of limitations set forth in CCP § 338(b), pertaining to injuries to real property. According to Defendants, “The facts underlying the cause of action for nuisance and trespass are the construction of the concrete retaining wall and fence thereon. As alleged in this Memorandum of Points and Authorities, the facts underlying the Cause of Action for Trespass and, u...
2022.11.18 Motion to Compel Further Responses 456
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.18
Excerpt: ...al Interrogatories, Set Three, and Request for Production of Documents, Set Four, and Request for Sanctions (Motion) is GRANTED IN PART and DENIED IN PART. As a threshold matter, the Court finds that the meet and confer and informal discovery conference requirements were met. In reaching this finding, however, the Court notes that the deadline imposed by Cross‐Defendant in its 11‐page letter resulted in a meet and confer that was not producti...
2022.11.18 Motion for Terminating Sanctions, Monetary Sanctions 748
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.18
Excerpt: ... Plaintiff's request for terminating sanctions is DENIED. Plaintiff's request for monetary sanctions in the amount of $810.00 is GRANTED. Plaintiff seeks terminating sanctions because Defendant Ching Lin Wang failed to comply with the Court's May 18, 2022 Order (1) compelling Defendant to serve responses to Plaintiff's form interrogatories and requests for production, (2) deeming requests for admissions as admitted, and (3) and imposing monetary ...
2022.11.18 Motion for New Trial 560
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.18
Excerpt: ...ONSTRUCTION, INC., a California corporation, Cross‐ Plaintiff, v. GENESIS KINGHWA, LLC, a California Limited Liability Company; 171 CORONADO INVESTMENTS, LLC, a California Limited Liability Company, and ROES 1‐40, inclusive Cross‐Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 19CIV02560 Assigned For All Purposes to Hon. Danny Y. Chou ORDER DENYING DEFENDANT'S MOTION FOR NEW TRIAL Defendant Excel One Construction, I...
2022.11.18 Demurrer to FAC 867
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.18
Excerpt: ...er) is OVERRULED. In its fifth and sixth causes of action, Plaintiff Financial Pacific Insurance Company asserts claims for equitable subrogation. (FAC, ¶¶ 50—76.) Defendant contends the Demurrer should be sustained because Plaintiff did not allege facts sufficient to establish that Plaintiff is not primarily liable for insured Robert Boeger Plastering's (the Insured) loss. Alternatively, Defendant contends the Demurrer should be sustained be...
2022.11.16 Demurrer 256
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.11.16
Excerpt: ...er retaliation in violation of Labor Code § 1102.5 on the grounds that the Complaint does not allege facts demonstrating that Plaintiff engaged in a protected activity. Plaintiff alleges that “he reasonably believed that the therapy platform that Defendant was producing had potential toxicity that could be detrimental to cancer patients.” Complaint, ¶ 13. Plaintiff further alleges that “the information he provided to Defendant violated Pa...
2022.11.15 OSC Re Preliminary Injunction 439
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.15
Excerpt: ...ton Ave., Belmont, Ca., is GRANTED‐IN‐PART and DENIED‐IN‐PART. The Application is GRANTED as to Parcel Nos. 043‐ 102‐170, 043‐102‐260, 043‐102‐270, and DENIED as to Parcel No. 043‐ 102‐180. Pending resolution of this case or until further Order from the Court, Defendants are HEREBY ENJOINED from conducting a foreclosure sale of Parcel Nos. 043‐102‐170, 043‐102‐260, 043‐102‐270. Background. The following facts a...
2022.11.15 Motion to Compel Further Responses 997
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.15
Excerpt: ...compelling further responses to an interrogatory if “[a]n answer to a particular interrogatory is evasive or incomplete.” (Code of Civ. Proc., § 2030.300, subd. (a).) By this Motion, the State of California (the “State”) seeks to compel a further response from Darkhan Bylkylov (“Bylkylov”) to Form Interrogatory No. 17.1 propounded in its second set of form interrogatories. The interrogatory requests, inter alia, that Bylkylov provide...
2022.11.15 Motion for Judgment on the Pleadings 375
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.15
Excerpt: ...nstitute a defense to the complaint.” (Code of Civ. Proc. Section 438, subd. (c)(1).) The motion fails to make that showing. A. For Judgment on the Pleadings, a General Denial Overcomes a Properly Pleaded Complaint. The Judicial Council Form Complaint sufficiently pleads common counts for account stated, goods sold and delivered, money lent, and money paid. The next question is whether the Answer controverts the Complaint's allegations. Defenda...
2022.11.10 Motion to Approve Settlement and Mutual Release 118
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.10
Excerpt: ...riginally filed a complaint, alleging among other things, a cause of action under the Insurance Fraud Preventions Act (IFPA). Plaintiff the Insurance Commissioner of the State of California (CDI) intervened and assumed “primary responsibility” for prosecuting the IFPA cause of action. (Ins. Code, § 1871.1, subd. (f)(1). By way of a written agreement (Agreement), Plaintiff and CDI have settled the IFPA cause of action. Defendants The Allergy ...
2022.11.10 Demurrer 042
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.10
Excerpt: ... facts alleged in the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Paci...
2022.11.08 Motion to Compel IME 562
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.08
Excerpt: ...(1990) 224 Cal.App.3d 1249, 1254–55 (additional IME's permitted upon showing of good cause). Plaintiff alleges that during a 2017 pickup volleyball game at Stanford University, Defendant picked Plaintiff up and accidentally dropped Plaintiff on the top of her head, causing Plaintiff severe injuries, including traumatic brain injury, concussion, jaw fracture, and osteomyelitis in her jaw (a bone infection). Since the 2017 incident, Plaintiff has...
2022.11.08 Motion for Summary Adjudication 800
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.08
Excerpt: ...ve, for Summary Adjudication of the question of whether the Option Agreement between the parties was a loan.”]; see also Defendant's Memorandum.) However, the Court previously denied Defendant's motion for summary judgment to this same cause of action after Defendant argued that the Option Agreement was not a loan. (See Order filed July 18, 2022.) The Court found that a triable issue of material fact existed as to whether the transaction betwee...
2022.11.08 Motion for Clarification and Reconsideration 714
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.08
Excerpt: ...on. Jamie Jacobs‐May (ret.). No hearing was required. (Marathon Nat. Bank v. Sup. Ct. (1993) 19 Cal.App.4th 1256, 1258.) A reconsideration motion must be "based upon new or different facts, circumstances, or law" and a valid reason for not presenting them earlier. (CCP SEC 1008; Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500.) Plaintiff makes none of these showings. Rather, Judge Jacobs‐ May's 21‐page report makes clear that the obj...
2022.11.08 Demurrer 976
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.08
Excerpt: ...ly pleads assignment from West Builders, Inc. to Museum Plaza LLC on its first two pages. Overruled. Second/Third, other parties may be found culpable with Steadfast. Thus, equitable indemnity and contribution claims are appropriate at the pleading stage. Further, as shown by CCP 877, culpability may be spread among a mix of tortfeasors and contract obligors. Overruled. Fourth, an insurer and insured have a "special relationship," but the insurer...
2022.11.07 Demurrer, Motion to Strike 360
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.11.07
Excerpt: ...emotional distress is SUSTAINED with leave to amend. The demurrer is OVERRULED with respect to the remaining causes of action. 1st, 2nd & 7th COA – Breach of Lease, Breach of Covenant of Good Faith & Fair Dealing, Violation of CLRA Defendants demur to Plaintiffs' first cause of action for breach of lease and second cause of action for breach of the covenant of good faith and fair dealing on the grounds that Plaintiffs are not parties to the Lea...
2022.11.07 Demurrer, Motion to Strike 126
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.11.07
Excerpt: ..., Civ. Code Sect. 1714(a)”), the Demurrer is OVERRULED. Code Civ. Proc. Sect. 430.10(e), (f). Defendants' arguments lack merit. First, contrary to Defendants' contention, the 4AC sufficiently alleges an agency relationship between the demurring Defendants (the alleged owners) and Defendant Ma (the owners' alleged agent). The Demurrer argues that the 4AC does not allege any statements or actions by the owners/demurring Defendants, and only alleg...
2022.11.07 Demurrer 582
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.11.07
Excerpt: ...ended Complaint (the “FAC”) on the basis that it fails to state sufficient facts to constitute a cause of action and that its claims are barred by section 230 of the Communications Decency Act (the “CDA”). Plaintiff John A. Fetto contends that the FAC sufficiently alleges facts supporting the breach of three separate promises and that the CDA does not bar his claims for these breaches. A. Legal Standard on Demurrer The purpose of a demurr...
2022.11.03 Motion for Protective Order 446
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.03
Excerpt: ...opics. Weiner's PMQ deposition notices also request that Nordstrom produce many categories of documents. Nordstrom, which recently changed counsel in this case, filed this Motion seeking to stay all discovery until Nordstrom files an “answer” to an “operative complaint.” The Court continued the hearings on Weiner's four motions to compel to November 3, 2022 so they could be heard together with this Motion. The Court did so because this Mo...
2022.11.02 Motion for Summary Judgment 870
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.11.02
Excerpt: ... (1) breach of CC&R's, (2) breach of fiduciary duty, (3) nuisance, (4) negligence, and (5) declaratory relief. HOA's moving papers fails to address all theories of liability asserted by Sarko. HOA completely ignores the cross‐ claim for declaratory relief. The Cross‐ Complaint alleges a breach of fiduciary duties resulting from (1) the HOA's selective enforcement of the CC&R's with respect to Sarko's fence and the HOA's failure to follow the ...
2022.11.01 Special Motion to Strike 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.01
Excerpt: ...9, 2022 from Defendant to the Commission on Judicial Performance, which was not served on Plaintiff. The referenced attachments were not enclosed. The special motion to strike, filed by Cross‐defendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐complaint and each cause of action. Code of Civil Procedure section 425.16, the anti‐SLAPP statute (“strategic lawsuit against public participation”), is designed to pr...
2022.11.01 Motion to Compel Responses 310
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.01
Excerpt: ...ate steps to have the original Brotman Declaration removed from the Court file and replaced by a redacted copy. Even if Plaintiff does not believe that the document contains confidential information, she may not file documents designated by Defendant in the public court file. The Supreme Court has instructed trial courts to use the following framework in deciding discovery disputes that involve the privacy rights: The state Constitution expressly...
2022.11.01 Demurrer to TAC 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.01
Excerpt: ...S OF ACTION Any Defendant, if the required meet‐and‐confer is unsuccessful, may challenge any new cause of action asserted in the Third Amended Complaint by subsequent motion/demurrer. JOINDER The joinder by Yafei Luu, Chao Liu, and Zhiying Qiu is GRANTED. DEMURRER ON FAILURE TO JOIN INDISPENSIBLE PARTIES Nianshun Construction Co., Ltd. has now been added as a plaintiff. Therefore, Defendants' argument that there is a failure to join it as an...
2022.10.31 Motion to Compel Production of Business Records, for Appointment of Discovery Referee 283
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.31
Excerpt: ...ree, PARTIES ARE TO APPEAR. The parties are to be prepared to address whether Plaintiff is required to file a probate petition before proceeding with this action. Plaintiff alleges that she is the sole beneficiary and executor of decedent James Wilmoth's estate, but the parties indicate that no probate action has been filed. Plaintiff claims that Mr. Wilmoth's estate was a small estate that is statutorily exempt from probate, but then also acknow...
2022.10.31 Motion to Compel Further Responses 808
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.31
Excerpt: ...LC's Motion to Compel Race Technologies, LLC's Further Responses to Requests for Production and Request for Sanctions is GRANTED. Race Technologies, LLC shall provide further responses within thirty (30) days of written notice of the entry of this order. El Camino Motors, LLC (“El Camino”), by this Motion and its concurrently filed companion motion, seeks to compel further responses from Race Technologies, LLC (“Race Tech”) to specially p...
2022.10.31 Motion to Compel Discovery Responses 896
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.31
Excerpt: ...ture. Plaintiff seeks to compel further responses to its Requests for Production of Documents, Set One, Nos. 27, 28, 31, 33, 35‐40, and 42 from Defendant Timothy Draegen. The requests seek documents relating to the process by which ownership of Dmarcian EU was allocated. Plaintiff contends the documents are relevant in light of his claim that he was granted an ownership interest in Dmarcian EU. In Defendant's supplemental responses to the disco...
2022.10.31 Demurrer to FAC 283
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.31
Excerpt: ..., Stephen Lee and Sincere Care Management Corporation (“Defendants”) to the First Amended Complaint of Plaintiff Dora Guerrero, individually and as successor‐in‐interest to the Estate of James R. Wilmoth (“Plaintiff”), PARTIES ARE TO APPEAR. The parties are to be prepared to address whether Plaintiff is required to file a probate petition before proceeding with this action. Plaintiff alleges that she is the sole beneficiary and execut...
2022.10.28 Motion to Set Aside Entry of Default 875
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.28
Excerpt: ...ds even if statutory relief is unavailable.” (Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894, 910, reh'g denied (Nov. 24, 2020), review denied (Feb. 10, 2021), quoting Rappleyea v. Campbell (1994) 8 Cal.4th 975 [quotation marks, brackets, and ellipses omitted].) “One ground for equitable relief is extrinsic mistake—a term broadly applied when circumstances extrinsic to the litigation have unfair...
2022.10.28 Motion to Reconsider 694
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.28
Excerpt: ... this in her MP&A, where she requests a new trial at 3:12, and in her proposed order which requests a new trial rather than proposing a change to an order. Defendant's Notice of Motion provides notice only of a request pursuant to §1008 and not a request for a new trial. However, courts may interpret a motion bearing one label as a different type of motion, including in the case of a motion for reconsideration being construed as a motion for a n...
2022.10.27 Demurrer to FAC 806
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.27
Excerpt: ...n from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) Fraud must be pled �...
2022.10.27 Motion for Attorney Fees 116
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.27
Excerpt: ...ursuant to a Code of Civil Procedure section 998 offer (Section 998 Offer). There is, however, a dispute over the amount of fees that may be recovered by Defendant. Defendant contends she is entitled to recover $25,337.50 in fees. Plaintiff Midland Credit Management Inc. counters that Defendant should be awarded no more than $4,147.50. Using the lodestar method, the Court awards Defendant $11,450 in attorney fees. 1. Hourly Rates Defendant claims...
2022.10.27 Motion for Back Pay 777
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.27
Excerpt: ...f's Motion for Judgment for Backpay (Motion) because “Plaintiff appears to have filed four documents containing exhibits to a declaration” without filing “the declaration itself or any other papers in support of the Motion.” As a result, the Court could “discern no basis for granting the relief requested by Plaintiff.” (June 30, 2022 Minute Order.) In apparent response to the Court's June 30, 2022 ruling on the Motion, Plaintiff filed...
2022.10.27 Motion for Attorney Fees 258
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.27
Excerpt: ...al., Defendant. ELIZABETH KARNAZES; Cross‐Complainant, v. DAVID MELCHNER, JOHN J. HARTFORD, et al., Cross‐Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CIV458258 Assigned For All Purposes to Hon. Danny Y. Chou ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR ATTORNEY'S FEES AND COSTS Cross‐Defendant and Judgment Creditor John Hartford's Motion for Attorney's Fees and Costs (Motion) originally came for hearing ...
2022.10.27 Motion for Sanctions 574
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.27
Excerpt: ...ain, et al's (Defendants) August 2, 2022 case management conference statement (CMC Statement), which summarized the case as follows: “There is a dispute concerning the actual amount owed on a loan made by [Plaintiff]. [Plaintiff] has not properly credited certain settlement payments and are seeking to foreclose on a deed of trust.” (Aug. 2, 2022 CMC Statement, ¶ 4(b).) Plaintiff contends these statements were “knowingly false” and “[De...
2022.10.27 Motion to Seal Docs 095
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.27
Excerpt: ...ourt issued a tentative ruling denying part of the Motion as moot and denying the remainder of the Motion without prejudice because of, among other things, defects in the Certificates of Merit submitted by Plaintiff. Since then, the Court has continued the hearing on the Motion three times to give Plaintiff an opportunity to correct the defects outlined in the Court's tentative ruling. Despite this, Plaintiff has simply resubmitted the Certificat...
2022.10.25 Proposed Judgment and Peremptory Writ of Mandate 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.25
Excerpt: ...als. In entering a judgment, the Court must find in favor of one party. Kosta, Practice Under the California Environmental Quality Act §§ 23.117 et seq. The Court finds that Plaintiffs are the prevailing party and judgment should be entered in their favor. This finding includes taking into consideration that the parties have stipulated to dismiss the second cause of action. Plaintiffs and respondent City of Pacifica apparently agree that the Co...
2022.10.25 Demurrer to FAC 632
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.25
Excerpt: ...��) demurs to the First Amended Complaint (the “FAC”) and each cause of action therein on the grounds of (1) uncertainty and (2) failure to state facts sufficient to constitute a cause of action. As a preliminary matter, Defendant did not offer any argument or authority regarding any uncertainty in the FAC, and thus the Court overrules the portion of the demurrer made on those grounds. (See Quantum Cooking Concepts, Inc. v LV Assocs., Inc. (2...
2022.10.24 Motion to Dismiss 043
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.24
Excerpt: ..., or alternatively, a stay of Plaintiff's action on grounds of forum non conveniens. Defendants have not met their burden of demonstrating “extraordinary circumstances” justifying dismissal of this action. Plaintiff is a California resident and Defendants have their principal places of business in California. Defendants have provided no authority supporting dismissal of an action on grounds of forum non conveniens where all parties reside in ...
2022.10.24 Motion for Summary Adjudication 846
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.24
Excerpt: ...tion asserts three grounds to challenge testimony that consists of multiple statements. The Court cannot discern which statements are subject to which objection. Further, Objections 2 and 3 challenge evidence supporting Bomel's Material Facts 29 and 30, which Plaintiff responds as “undisputed.” Further, the objections appear to have been waived. The challenged testimony repeats much of the material that Plaintiff moving papers submitted into ...
2022.10.21 Motion to Compel Arbitration and Dismiss PAGA Claims 363
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.21
Excerpt: ...tion is DENIED. Defendants seek to compel a portion of this PAGA action to arbitration, pursuant to the an arbitration agreement set forth in Field Nation, LLC's “Provider Terms and Conditions.” Agreements to arbitrate are valid, irrevocable, and enforceable. (9 U.S.C. § 2.) And, when litigating parties have agreed to arbitrate a dispute, either party may petition for an order compelling the dispute to arbitration and staying judicial procee...
2022.10.21 Motion for Discharge, Attorney Fees 563
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.21
Excerpt: ...IE WONG. Plaintiff properly served Defendants B. CLAIRMONT, M. CLAIRMONT, and DENISE RUBEY by electronic service, pursuant to Code of Civil Procedure section 1010.6(e).) Each of these defendants is represented by counsel, and Plaintiff's counsel confirmed the validity of their respective attorneys' email addresses. Defendant YANNIE WONG is self‐represented. Section 1010.6 is silent on the subject of e‐service on unrepresented parties, other t...
2022.10.21 Demurrer 152
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.21
Excerpt: ... PORTFOLIO SERVICING, INC. TENTATIVE RULING: Defendants' Demurrer to Plaintiff's Complaint is SUSTAINED as to each Cause of Action (“COA”) with leave to amend pursuant to Cal. Code of Civ. Proc. § 430.30(e). 1st COA – Negligence Plaintiff alleges that “On or around the year, 2007, Plaintiff via Elizabeth B. Shoaga, was approved and accepted to purchase the same property subject to the existing loan or liens or the alternative pursue a �...
2022.10.20 Motion for Judgment on the Pleadings 532
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.20
Excerpt: ...n the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electr...
2022.10.20 Motion for Attorney Fees 258
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.20
Excerpt: ...e prevailing party on his anti‐SLAPP motion,” “is entitled to reasonable attorney's fees and costs incurred in establishing his entitlement to fees and costs under [Code of Civil Procedure] section 425.16, subdivision (c) and in defending the validity of his judgment for those fees and costs.” (Nov. 18, 2021 Order, at p. 6.) Thus, Hartford is entitled to recover his reasonable attorney fees and costs incurred in protecting the validity an...
2022.10.20 Petition to Compel Arbitration 583
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.20
Excerpt: ...ree that the arbitration provision states that “[a]ll disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association” (AAA). As explained below, the Court denies the Motion because Petitioner has not made proper demand for arbitration as required by the parties' written agreement. A party seeking to compel arbitration pursuant to Code of Civil Procedure section 1281.2 must “p...
2022.10.20 Motion to Intervene 531
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.20
Excerpt: ...und in Part 2 of the Code of Civil Procedure—does not apply to this conservatorship proceeding. As this Court previously explained, “the California Supreme Court, over 80 years ago, held that a conservatorship proceeding under Insurance Code sections 1010 to 1062 is a special proceeding that is not subject to the provisions of Part 2 of the Code of Civil Procedure. (See Carpenter v. Pacific Mutual Life Ins. Co. of Cal. (1937) 1.0 Cal.2d 307, ...
2022.10.20 Motion to Strike 532
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.20
Excerpt: ...h 279, 293.) However, the right depends on a timely demand; the failure to demand a jury trial t in a timely manner may constitute a waiver of the right. (Code Civ. Proc., § 631; Grafton Partners L.P. v. Superior Court (2005) 36 Cal.4th 944, 955.) Further, even if a timely demand has been made, the demanding party's failure to post jury fees before “the initial case management conference” constitutes a waiver of the right to jury trial. (Cod...
2022.10.20 Motion to Seal 095
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.20
Excerpt: ...ve two opportunities to do so, the Court ADOPTS its October 6, 2022 tentative ruling. The Court reproduces its October 6, 2022 tentative ruling below: Plaintiff's Motion to Seal Certificates of Merit, Permit Service on Doe Defendants, Permit Plaintiff to file an Amended Complaint, and Permit Plaintiff to Proceed Under a Fictitious Name is DENIED IN PART AS MOOT and DENIED IN PART WITHOUT PREJUDICE. Plaintiff's request to seal the Certificates of ...
2022.10.19 Demurrer to FAC 441
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.10.19
Excerpt: ...or before November 1, 2022. Defendants contend, first, that Plaintiff's claim is barred by the applicable statute of limitations. According to Defendants, Plaintiff's claim is subject to a 6‐month statute of limitations under CCP § 473, and a 2‐year statute of limitations under CCP § 473.5. Defendants further contend that Plaintiff's claim is subject to a 3‐year statute of limitations applicable to “An action for relief on the ground of...
2022.10.18 Motion to Compel Depositions, for Sanctions 495
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.18
Excerpt: ... a duty to meet‐and‐confer in good faith. “The statute requires that there be a serious effort at negotiation and informal resolution. . . . Argument is not the same as informal negotiation; that attempting informal resolution means more than the mere attempt by the discovery proponent to persuade the objector of the error of his [or her] ways; and that a reasonable and good faith attempt at informal resolution entails something more than b...
2022.10.18 Motion to Apportion Costs of Partition 359
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.18
Excerpt: ...pon the facts of this case. Costs of partition include “[r]easonable attorney's fees incurred or paid by a party for the common benefit.” (Code of Civ. Proc. § 874.010(a).) The Court can award attorneys' fees to a defendant who opposes partition. (Orien v. Lutz (2017) 16 Cal.App.5th 957, 967 citing Riley v. Turpin (1960) 53 Cal.2d 598, 601‐603.) The motion is properly brought post‐judgment. (Code of Civ. Proc. §§ 874.010, 1033.5(b).) P...
2022.10.14 Motion to Tax Costs 099
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.14
Excerpt: ...ndant seeks to tax various costs identified in Plaintiff's memorandum of costs. If items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. Citing Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774‐776, Defendant notes that “Items that are properly objected to...
2022.10.14 Motion to Strike Prayer for Attorney Fees 482
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.14
Excerpt: ...the arbitration fee provision is enforceable is immaterial because nothing in the arbitration clause suggests that attorney's fees are recoverable by either party in a civil action. The provision states, “Any arbitration award” shall include an award of reasonable attorney's fees and costs to the prevailing party. It is silent on whether fees are recoverable in a civil action. The arbitration provision has nothing to do with entitlement to at...
2022.10.14 Motion for Summary Judgment 796
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.14
Excerpt: ...ty or Second Cause of Action for Negligence pursuant to Cal. Code of Civ. Proc. § 437c(p). Plaintiff's Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code §452(a), (b). Defendant's Objections Nos. 2 and 3 to the Wong Decl., ¶6, and Rencher Decl., ¶9, respectively, each relating to Exh. E in Defendant's Compendium of Evidence are SUSTAINED. Defendant's remaining objections are OVERRULED. Plaintiff's objections presented only ...
2022.10.13 Motion to Compel Deposition, for Monetary Sanctions 179
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.13
Excerpt: ...fore November 14, 2022. Defendant establishes that it properly noticed Plaintiff's deposition for August 16 and 17, 2022 at the San Mateo County Attorney's Office in Redwood City, and that Plaintiff failed to appear for her deposition. (See Cruz Decl., ¶¶ 1, 15, and Exs. A and N.) Plaintiff does not dispute that Defendant is entitled to take her deposition for two additional days, but instead argues that Defendant should only be permitted to ta...
2022.10.12 Application for Right to Attach Order, for Issuance of Writ of Attachment 021
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.10.12
Excerpt: ...d on posting of a $10,000 undertaking. Defendant's Evidentiary Objections Nos. 25, 26, 27, 28, 29, are SUSTAINED; Objections 30 and 31 are SUSTAINED IN PART to the extent Mr. Field describes the contents of Exhibits 3 and 4 and otherwise OVERRULED as to all other grounds; and Objections Nos. 32, 33, and 34 are OVERRULED. The moving evidence offered only an inadmissible conclusion that Windy Hill Eight was the successor to Windy Hill Two. Plaintif...
2022.10.12 Motion to Compel Arbitration and Stay Action 731
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.10.12
Excerpt: ...ovision in the Retail Installment Sales Contract (“RISC”) entered between Plaintiff and Napa Ford Lincoln on grounds of equitable estoppel. Napa Ford Lincoln is not a party to this lawsuit. The arbitration provision states, in pertinent part: Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you an...
2022.10.12 Application for Right to Attach Order, for Issuance of Writ of Attachment 538
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.10.12
Excerpt: ... attorney's fees). Having reviewed the parties' briefing and supporting evidence, the Court finds that Plaintiff's Application satisfies the requirements of Sect. 483.010(a). Plaintiff has met its burden of showing (1) the claim upon which the attachment is based is one upon which an attachment may be issued (Defendant Li's alleged breach of the guarantee agreement), (2) Plaintiff has established the probable validity of its claim (see Code Civ. ...
2022.10.11 Motion for Summary Adjudication 241
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.11
Excerpt: ...intiff must prove (1) the contract, (2) the plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Plaintiffs claim that Defendant is entitled to a credit in the amount of $31,259.16 for payments and the security deposit. (Plaintiffs' Sep. Statement of Undisputed Material Facts (“PSSUMF”) no. 12....
2022.10.11 Motion for Preliminary Approval of Class Action Settlement and Conditional Certification of Proposed Settlement Class 141
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.11
Excerpt: ...nt that ultimately could be granted approval by this Court at the final fairness hearing. Plaintiff's counsel is experienced in class litigation, the case was vigorously contested by Defendants and their experienced counsel, the settlement was reached after a mediation with an experienced mediator, and Plaintiff's counsel has provided a detailed analysis of each claim, including the strengths and weaknesses. The Court would like a further explana...
2022.10.11 Motion for Change of Venue 713
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.11
Excerpt: ...brought against the authority shall be brought in a court of competent jurisdiction in the County of Sacramento.” Plaintiff opposes the motion on the grounds that venue is proper in San Mateo County pursuant to Code of Civil Procedure § 1250.020, which provides that, with respect to actions for eminent domain, “the proceeding shall be commenced in the county in which the property sought to be taken is located,” except “When property soug...
2022.10.11 Motion for Attorney Fees 345
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.11
Excerpt: ...onco Re Corporation, a California Corporation; and Bre Cameron Creek, LLC, an Arizona Limited Liability Company (the “Fair Defendants”) is ruled upon as follows: This case was assigned to the Hon. Nancy L. Fineman due to the retirement of the judge who originally decided the SLAPP motion. As directed by the Court of Appeal in Case No. A160098, the Fair Defendants are entitled to their reasonable attorneys' fees and costs. A “prevailing defe...
2022.10.11 Demurrer 183
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.11
Excerpt: ...order this matter off calendar for noncompliance, the Court exercises its discretion to address the demurrer on the merits. The demurrer filed by MidFirst Bank is OVERRULED in its entirety. This Court believes, especially when the issue is one of law “that the integrity of the judicial process requires … [the Court] to subject every motion to review before granting it.” California Judge's Benchbook: Civil Proceedings Before Trial § 6.21 (T...
2022.10.10 Motion to Set Aside Default 601
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.10
Excerpt: ...s Desikan and Sastri (buyers) purchased the property during a remodel project. Plaintiffs experienced water intrusion issues, and contacted moving party Mavrik, which had been the architect for the remodel. (6‐ 27‐22 Patadia Decl.). Mavrik worked with the buyers to remedy the water issue. The problems apparently were not resolved, and thus in June 2020, Plaintiffs (buyers) sued the Patadia Defendants (sellers), alleging defects in the home. I...
2022.10.10 Motion for Summary Judgment, Adjudication 558
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.10
Excerpt: ...ymphony Communication Services, LLC's Second Amended Cross‐complaint is DENIED. The origins of this case trace back to a settlement agreement (the “Settlement Agreement”) entered into by Plaintiff and Defendant on August 21, 2019. The Settlement Agreement ended a 2018 case filed in this court, entitled LogiGear Corporation v. Symphony Communication Services, LLC, et al. and numbered 18CIV06464. In that case (the “Prior Litigation”), Pla...
2022.10.10 Demurrer 040
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.10
Excerpt: ...he subject of Liberty's complaint in San Mateo County Superior Court Case number 21‐CIV‐04741 (“Lawsuit No. 1). That lawsuit alleges that Hillhouse embezzled approximately $800,000 from Liberty's defined benefit play through use of “secret electronic bank transfers,” forging Liberty's name on “business checks,” and embezzling “thousands of dollars” from Liberty's “business checking account.” The lawsuit also alleges that Hil...
2022.10.07 Demurrer 772
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.07
Excerpt: ... complaint does not state facts sufficient to constitute a cause of action or is uncertain, inter alia. (Id., at § 430.10, subds. (e)–(f).) Defects in the notice to quit are properly challenged on demurrer. (See Borsuk v. Appellate Div. of Superior Court (2015) 242 Cal.App.4th 607, 617, fn. 7.) Here, Defendants have demurred to the Complaint on the grounds that the notice of termination of the tenancy (the “Notice”) attached to the Complai...
2022.10.07 Demurrer 962
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.07
Excerpt: ...ichael Szelenyi and Jeffrey Wallace's 6‐21‐22 Demurrer to Cross‐ Complainants Andrew Oldham, Jennifer Siem, and Revis, Inc.'s 5‐25‐22 Second Amended Cross‐Complaint (SACC), is SUSTAINED WITH LEAVE TO AMEND as to all asserted claims. Standing/Assertion of Derivative Suit Cross‐Defendants Szelenyi and Jeffrey Wallace argue Cross‐Complainants Oldham and Siem lack “standing” to assert the SACC as a derivative lawsuit, and they dem...
2022.10.07 Motion for Judgment on the Pleadings 508
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.07
Excerpt: ...iciently alleges facts to support a declaratory relief claim in that an actual controversy exists CrossDefendant and Cross‐Complainant Carl Steinke over how to distribute the proceeds from the sale of the property that are currently being held in escrow. (See C.C.P. § 1060; see also Cross‐Complaint ¶ 9.) Cross‐Defendant further has not established that this declaratory relief claim fails because the rescission claim would fully resolve th...
2022.10.06 Motion to Transfer Action for Coordination 011
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.06
Excerpt: ...ed Razzaqui v. Williams, Case No. CGC‐22‐597701, to this Court (San Mateo County Superior Court) for coordination with this case. Defendants from both cases oppose the Motion, and indicate that they will file a motion to bifurcate if the two cases are joined for trial. Code of Civil Procedure section 403 authorizes a judge in one court to order a case pending in another court transferred to the judge's court if it (a) involves a “common que...
2022.10.06 Motion for Good Faith Settlement 455
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.06
Excerpt: ...ade in good faith. In support, Myson submitted the declaration of its counsel, Gary L. Franklin. Franklin's declaration sets forth the basic facts concerning the litigation (Franklin Decl., ¶¶ 3‐9), and attaches the settlement agreement (id., ex. 1). Franklin also avers that Myson agreed to pay Plaintiff $120,000 to “buy peace,” that Myson vigorously disputes that it is in any way liable to Plaintiff, and that Myson is not insured for thi...
2022.10.04 Petition to Reduce Voting Requirements and Approve Amendments 125
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.04
Excerpt: ...is as follows: Petitioner Broadway West Owner's Association's (“Association”) “Petition to Reduce Voting Requirements and Approve Amendments to the Restated Declaration (Civ. Code Sect. 4275),” filed Aug. 2, 2022, is GRANTED, conditioned on correction of the typographical error in the “First Amendment,” noted below. Factual background. Petitioner is a Homeowner's Association (HOA) for an 18‐unit Condominium complex in Burlingame, Ca...
2022.10.04 Motion to Quash Subpoena 188
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.04
Excerpt: ...h November 18, 2022. This case has been assigned to the Hon. Nancy L. Fineman for all purposes and she must be the one to try the case. Accordingly, the Court VACATES the October 19, 2022 Trial and October 11, 2022 Pretrial Conference. The Court sets a Trial Setting and Case Management Conference for December 6, 2022 at 9:30 a.m. The parties are to file a Joint Case Management Conference Statement by November 29, 2022 with a trial plan, which inc...
2022.10.04 Motion for Terminating Sanctions for Discovery Misuse and Disobeying Court Orders 160
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.04
Excerpt: ...th the Court's previous orders, failure to oppose discovery motions, and refusal to appear at scheduled hearings and conference evidences his abandonment of his case and demonstrates that no lesser sanction would be effective. FACTUAL BACKGROUND Plaintiff initiated this case on April 14, 2021, and served Defendant with the summons on April 28, 2021. (April 14, 2021 Complaint; May 3, 2021 Proof of Service of Summons.) Defendant promptly served wri...
2022.10.03 Motion for Summary Judgment 412
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.03
Excerpt: ...action. The alternative motion for summary adjudication of issues is GRANTED as to Issues 4, 6, 11, 12, 14, 16, and DENIED as to Issues 1, 2, 3, 5, 7, 8, 9, 10a, 10b, 13, 15, 17, and 18. Defendants' Objections 1. Supplemental Declaration of Randy Dizitser Objection 1 is OVERRULED. The Supplemental Declaration of Randy Dizitser is untimely filed, but the Court exercises its discretion to consider late‐filed papers. (CRC Rule 3.1300(d); Levingsto...
2022.10.03 Motion for Relief from Default Judgment 904
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.03
Excerpt: ... GRANTED as to Ex. A (Evid. Code Sect. 452(d), and GRANTED as to Ex. B‐C. Evid. Code Sect. 452(c). THE 4‐29‐21 SUBSTITUTE SERVICE AT DEFENDANT'S TIBURON HOME. Defendant seeks relief from the October 2021 default and default Judgment on grounds the process server's April 29, 2021 substitute service of the Summons and Complaint on a woman living in Defendant's Tiburon, Ca. home was purportedly ineffective. Defendant contends he did not receiv...
2022.10.03 Motion for Leave to File FAC 739
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.03
Excerpt: ... an in‐dependent contractor agreement signed in 2015 (the “2015 Agreement”). Plaintiff seeks leave to file an amended pleading instead alleging that Defendant breached it duties under insurance coverage it offered to its agents under a prior agreement dating to 2012 (the “2012 Agreement”), in addition to asserting an alternative legal theory of recovery. Defendant contends that the Complaint's allegation that the 2015 Agreement governed...
2022.10.03 Demurrer to FAC 074
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.03
Excerpt: ... Demurrer to Plaintiffs' First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND pursuant to Cal. Code of Civ. Proc. §430.10(e). Defendants argue, inter alia, that the same defects that led the Court to grant judgment on the pleadings as to the Original Complaint are fatal to the FAC. Namely, there is no judgment entered against the Wong Estate, meaning the claim for indemnification has not ripened. Defendants further argue that the allegations...
2022.09.30 Demurrer 981
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.09.30
Excerpt: ... of the Unruh Civil Rights Act (“Unruh Act”). Any violation of the Americans with Disabilities Act (“ADA”) is a per se violation of the Unruh Civil Rights Act. (See Complaint ¶ 35; see also Civil Code § 51(f).) Plaintiff alleges that the hotel's website fails to comply with the ADA under 28 C.F.R. section 36.302(e)(1)(ii) (“Reservations Rule”), and therefore violates the Unruh Act. Defendants assert that the Complaint fails to state...
2022.09.29 Motion to Quash Deposition Subpoena 763
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.29
Excerpt: ...s Motion to Quash (Motion) is DENIED. Discovery is RE‐OPENED for the limited purpose of allowing Plaintiff to take Rhone's deposition before October 10, 2022. The deposition may be conducted remotely. The parties are ORDERED to meet and confer on a date for Rhone's deposition. 1. Witness's Lack of Knowledge Defendants and Rhone contend the subpoena does not seek relevant information because Rhone has submitted a declaration stating that she has...
2022.09.29 Motion for Summary Judgment, Adjudication 748
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.29
Excerpt: ... to summary judgment because “Plaintiff's failure to submit this dispute to arbitration is a complete bar to this civil action.” (MPA, at p.9) This contention lacks merit. The Loan Agreement entered into between Defendant Escandon Uniforms, Inc. (Escandon) and School Apparel, Inc. (SAI), Plaintiff's predecessor‐in‐interest, contains an arbitration provision stating that “[i]n the event of a dispute between the parties under this Agreeme...
2022.09.28 Motion for Judgment on the Pleadings 930
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.09.28
Excerpt: ...responded. Thus there is nothing actually under oath by the Defendant. Rather, there is a court order deeming the matters admitted. Defendant has presented no case law holding that requests for admissions not filed as part of a motion for summary judgment and/or never actually admitted by the party under oath can be a matter of judicial notice for determination on the pleadings. Plaintiff cites to Evans v. California Trailer Court Inc. (1994) 28 ...
2022.09.27 Motion to Contest Good Faith Settlement 014
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...t, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499‐ 500. Factual background. This case arises from a Feb. 22, 2019 auto accident near the Dumbarton Bridge in Menlo Park. As described by the parties, after Plaintiff Perry Kim Robinson's vehicle broke down, defendant CalTrans had Plaintiff's vehicle towed to a location on University Ave. in Menlo Park, near the intersection of University Ave. and Bayfront Expressway. Plaintiff all...
2022.09.27 Motion to Compel Further Responses, for Sanctions 482
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...rises out of alleged abuse suffered by Plaintiff and other students and perpetrated by Dinorah Ethel Molina, a teacher at a middle school within the defendant school district. By this Motion, Plaintiff seeks to compel Defendant's further responses to the first set of each of her Form Interrogatories, Requests for Production, and Requests for Admission. The parties should have been able to resolve many of these issues without the need for Court in...
2022.09.27 Demurrers to FAC 922
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...hird, and Ninth COA's in Plaintiff's FAC are OVERRULED. The Court in its discretion has considered Plaintiff's late‐filed Opposition. Nuffer's and Callinan's Demurrers Defendants Nuffer and Callinan argue that COA's 5‐7 in Plaintiff's FAC do not allege sufficient facts regarding the demurring Defendants' personal liability under the applicable Labor Code sections to support the causes of action at issue. In ruling on a demurrer, the Court acc...
2022.09.27 Demurrer to FAC 148
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...icable statute of limitations. According to Defendant, A refinance occurred on May 16, 2001 (Ex. 2) which is the same date that the Grant Deed conveying the Daly City Property to Joe and Defendant was recorded. If Plaintiff's allegation is correct, when the refinance was completed on May 16, 2001, Defendant was obligated to transfer back the property starting on May 17, 2001 and his failure to do so would be a breach of the (alleged) oral agreeme...
2022.09.27 Demurrer 895
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...e of entry of the Court's order. The First Amended Complaint (the “FAC”) sets forth two causes of action for invasion of privacy by portrayal in a false light. According to the allegations of the FAC, Plaintiff is a former employee of Defendant California Casualty Management Company (“CCMC”). (FAC., p. 4.) On March 31, 2022, CCMC and its officer, Defendant Robert Nicolay, eliminated Plaintiff's position and terminated Plaintiff's employme...
2022.09.22 Motion to Compel Responses, for Sanctions 156
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.22
Excerpt: ...e Motion as timely because the electronic filing stamp on the moving papers indicated Plaintiff filed the Motion on March 17, 2022—two days after the March 15 deadline. After oral argument on August 11, 2022, the Court continued the hearing to September 22, 2022, and requested additional briefing on the timeliness issue. Having reviewed the parties' Supplemental Briefs, the Court finds that the Motion was timely‐filed. Plaintiff submitted the...
2022.09.22 Motion for Terminating Sanctions 521
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.22
Excerpt: ...V‐04521 Assigned for All Purposes to Hon. Danny Y. Chou ORDER GRANTING MOTION FOR TERMINATING SANCTIONS AGAINST PLAINTIFF GANGFENG LAI Defendant Sterling Bank & Trust, FSB's (Sterling) unopposed Motion for Terminating Sanctions Against Plaintiff Gangfeng Lai (Motion) came for hearing before this Court on September 22, 2022 at 2:00 p.m. Having considered all papers filed in support of and in opposition to the Motion, oral arguments of the partie...
2022.09.22 Demurrer to SAC 987
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.22
Excerpt: ...the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (...
2022.09.22 Demurrer 450
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.22
Excerpt: ... reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.A...
2022.09.21 Motion for Evidence Sanctions for Discovery Misuse or Illegal Investigation Sanction 471
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.09.21
Excerpt: ...al investigation.” According to Defendants' Notice of Motion, “The motion is made on the ground that Plaintiff has illegally obtained certain evidence, specifically seafood and documents in violation of section 2023.010 (subd. (b)) of the Code of Civil Procedure.” NOM, p.2. Defendants, however, have provided no authority indicating that use of illegally obtained evidence constitutes a discovery violation under any part of the Civil Discover...

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