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2023.09.12 Demurrer, Motion to Compel Further Responses, for Monetary Sanctions 457
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...ntiffs opposition and accepts counsel's explanation and apology for the reason that the opposition was not filed on time. The court grants defendant's request for judicial notice for the fact that the documents were filed in the court, but not for the truth of the contents of the documents. Plaintiff argues that this demurrer repeats the same arguments as raised in defendant's motion for judgment on the pleadings to the first amended complaint, w...
2023.09.11 Demurrer 407
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.09.11
Excerpt: ...e applicable statute of limitations. The Complaint alleges that on November 29, 2019, the decedent, plaintiff's mother, was admitted to Mills Peninsula Medical Center due to difficulty breathing. (Complaint, 6.) Plaintiff alleges that one of decedent's lungs collapsed on November 30, 2019, and she was transferred to the ICU and placed on a ventilator. (Ibid.) According to the Complaint, "[Orom 11-28-2019 until 12-19-2019 it was here that [the dec...
2023.09.11 Motion for Preliminary Approval of Class Settlement 436
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.09.11
Excerpt: ...e granted approval by this Court at the final fairness hearing. (Kullar v. Fint Locker Retail, Inc. (2008) 158 cal.App.4th 115, 133.) (See MPA, at po. 9:2-17, 10:7-13; Potashnick Dec., 9, 12.) Multiple portions of Plaintiff's memorandum are not supported by citations to evidence or contemplated in counsel's declaration. (See MPA, at pp. 10:24-25, • Plaintiff failed to append the Settlement Agreement as Exhibit A or Exhibit 1 to the Potashnick D...
2023.09.11 Demurrer 755
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.09.11
Excerpt: ...10) days after service of written notice of this order. Defendant City of South San Francisco (the "City") demurs to the second and third causes of action in the Complaint of plaintiff L C General Engineering & Construction, Inc. ("LCG") on the grounds that neither states facts sufficient to constitute a cause of acton. (See Code Civ. Proc., S 430.10, subd. (e).) A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal suffici...
2023.09.08 Motion to Strike, Demurrer 597
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.08
Excerpt: ...E RULING: For the reasons stated below, Defendants Wayne Podesta et. al.'sJune 6, 2023 Motion to Strike portions of Plaintiffs Franciscan Resident Advisory committee, et. al.'s April 10, 2023 complaint is GRANTED-INPART and DENIED-IN-PART. code Civ. Proc. Sects. 435, 436. Defendants' June 6, 2023 Request for Judicial Notice is GRANTED-INPART and DENIED-IN-PART. (See Order on Defendants' Demurrer to Complaint, which explains the Court's rationale)...
2023.09.08 Motion to Set Aside Default, for Sanctions, Demurrer, to Quash Service of Summons 094
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.08
Excerpt: ...rrer on behalf of only one Defendant (Indrawous Azar) and pay a single First Appearance Fee, rather than filing a Demurrer on behalf of all clients and incurring multiple First Appearance Fees. There is no statute, court rule, or regulation that supports this strategy. Mr. Bender's approach, though possibly well- meaning, constituted attorney neglect because a reasonable attorney would have known that demurring on behalf of just one client would ...
2023.09.06 Demurrer to SAC 421
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.09.06
Excerpt: ... to state a claim as the parties (or their predecessors in interest) entered into a settlement with broad mutual releases as part of the Second Settlement Agreement. (2) SUSTAINED WITH LEAVE TO AMEND as to the second cause of action for negligence. Although the negligence claim cannot be based upon the prior settlements, the Second Amended Complaint also contains some allegations that the failure of Defendant to maintain its subslab depressuraton...
2023.09.05 Motion for Summary Judgment 014
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.05
Excerpt: ...the Ford pickup truck he was in broke down. (UMF No. 3.) A Caltrans tow truck towed Plaintiff's vehicle and deposited it on university Avenue in Menlo Park, approximately 200 feet from the intersection with Bayfront Expressway. (UMF No. 4.) The tow truck driver left shortly thereafter. (UMF No. 5.) Plaintiff's friend subsequently gave him a ride to AutoZone Auto Parts to purchase parts to repair his truck. (UMF No. 6.) After purchasing the needed...
2023.09.05 Motion for Summary Adjudication 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.05
Excerpt: ...ed fifty-percent interest in the subject property, and Plaintiffs Triple 8 Holdings, LLC and Donald Chua to be entitled to a partition of the subject property. Plaintiffs Triple Eight Holdings, LLC's and Donald Chua's Request for Judicial Notice is GRANTED as to items nos. 1—6 and 12 and DENIED as to items 7—11. Defendant Bernice Turner's Request for Judicial Notice is DENIED as to all items. Defendant Bernice Turner's Evidentiary Objections�...
2023.09.05 Motion for Leave to File FAAs 188
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.05
Excerpt: ....310.) On June 17, 2019, defendants filed answers and no advice of counsel defense was asserted. Since the inception of the case, the action has been vigorously litigated. There have been over 40 hearings on motions, case management conferences and informal discovery conferences, and the docket contains over 550 entries. On December 1, 2020, this case was assigned to the Hon. Nancy L. Fineman for all purposes. The court held its first pretrial co...
2023.09.01 Motion for Summary Judgment 798
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.01
Excerpt: ...on brief is single-spaced, which violates California Rules of Court, Rule 2.108. In its discretion, the Court has chosen to overlook this procedural defect in this instance. The Court will expect Plaintiff to strictly comply with the Rules of Court going forward. Plaintiff has not highlighted/marked the relevant portions of the deposition transcripts. Plaintiff has filed deposition testimony in support of her Opposition papers, but has not highli...
2023.09.01 Motion for Further Bill of Particulars 470
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.01
Excerpt: ...ext, Inc. to provide a further account is GRANTED. Plaintiff and Cross defendant Open Text, Inc. shall serve a further account no later than ten (10) days after service of written notice of the formal order. Defendant and Cross-complainant Michelle Beasley's request for an order appointing a referee to hear and decide an issue or specific question of fact is DENIED. A. Procedural Background On March 8, 2023, Beasley served a demand for a bill of ...
2023.09.01 Demurrer 104
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.01
Excerpt: ...e suspension or disabling in all circumstances." (MPA, p.2.) Defendant also contends that collateral estoppel bars Plaintiff from seeking monetary damages because the federal district court's decision dismissing Plaintiff's Complaint in King v. Facebook, Inc. (N.D. Cal. 2021) 572 F.Supp.3d 776 has determined that Plaintiff cannot allege a claim for monetary relief. In King v. Facebook, Inc., 572 F.Supp.3d at 790, the federal district court determ...
2023.08.31 Motion for Summary Adjudication 987
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.31
Excerpt: ...ion of Katie Fones "in its entirety" is overruled. Objections to evidence must be specific. (Evid. Code Sect. 353, subd. (a); Coit Drapery Cleaners, Inc. v. Sequoia Ins. Co. (1993) 14 Cal.App.4th 1595, 1611.) The objection to the entirety of the declaration on the ground that "reasonably equivalent value" is not susceptible to ex#rt testimony is overbroad and non-specific. Further, the Fones Declaration never provides an opinion on what constitut...
2023.08.29 Motion to Set Aside Labor Commissioner's Order or Award or Vacate Clerk's Judgments, Set New Trial 395
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...d notify Department 4 and all other parties by 4:00 p.m. on August 21, 2023. In these motons in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure secton 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree ...
2023.08.29 Motion for Preliminary Approval of Class Action Settlement 277
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...lass Action Settlement Agreement (2) Approval of Notice to Class Members and Related Materials; (3) Approval of Settlement Administrator; and (4) Setting Hearing For Final Approval of Settlement ("Motion") is ruled upon as follows. The Court appreciates the work engaged in by the parties in revising its requests for approval. The Court has conducted an independent review of the request to determine whether the settlement is fair, reasonable and a...
2023.08.29 Motion for Attorney Fees 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ... Coalition for Pacificans for an Updated Plan and Kristen Cramer (plaintiffs) filed this action which inwlves a CEQA challenge to a proposed project called Vista Mar located in Pacifica, California ("the Project"). Both plaintiffs sued on both causes of action. Plaintiffs sued the City of Pacifica (the City) and real parties in interest Monterey Road Pacifica, LLC, Vistamar Development, and Javier Chavarria (real parties). On January 21, 2021, th...
2023.08.29 Demurrer to SAC 397
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...(California Rule of Court, rule 3.1320(g); Code of Civ. Proc., S 472b.) If Plaintiff decides not to amend, Plaintiff's counsel shall so notify defense counsel and the parties shall meet-and-confer on a date where defendant County of San Mateo's answer is due. Plaintiff John JV Doe's Request for Judicial Notce is GRANTED. Defendant County of San Mateo's Request for Judicial Notice is GRANTED. The Second Amended Complaint (the "SAC") asserts nine c...
2023.08.29 Motion to Strike SAC 402
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...the "SAC") asserts nine causes of action against Defendant County of San Mateo (the "County") and one hundred unnamed employees of the County for their respective roles in the alleged sexual abuse committed by Probation Officer John Domeniconi of Plaintiff Jane DT Doe while the latter was a minor. The County moves here for an order striking the entirety of the SAC for Plaintiff's failure to file timely certificates and obtain court approval—as ...
2023.08.28 Motion for Costs 846
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.28
Excerpt: ...elf when he fell through an inadequately secured piece of plywood flooring. Plaintiff served Bomel with Set One of his Requests for Admission ("RFAs"), which included the three requests (the "subject RFAs") at issue: Request Number 39: Admit that YOLI were the creating employer pursuant to Labor Code S 6400 at the time of the SUBJECT INCIDENT. Request Number 40: Admit that YOU were the controlling employer pursuant to Labor Code S 6400 at the tim...
2023.08.25 Petition to Compel Compliance with Deposition Subpoena for Business Records, for Sanctions 678
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ...tate and International Depositions and Subpoena Discovery Act, a motion to enforce a subpoena may be filed in the superior court for the county in which the discovery is to be conducted, and shall comply with the rules and statutes of this state. Cal. Code of Civil Procedure Section 2029.3CL Here, Petitioners' California subpoena was served on Respondent Meta Platforms, Inc. on May 9, 2023. Franklin-Murdock Decl., 97, Exh. E. Respondent thereafte...
2023.08.25 Motion to Terminate Sanctions 598
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ... across the parking area, an unknown third-party assaulted Plaintiff, who then asked a manager at the hotel to call the police. The manager allegedly refused. Plaintiff brings this action against Defendants as the owners and operators of the hotel, alleging inter alia that they were negligent in failing to provide adequate lighting in the parking area, and should have known of the danger posed to Plaintiff by the unknown third-party. On December ...
2023.08.25 Motion to Compel Further Responses, for Sanctions 653
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ...r responses to the Special Interrogatories is GRANTED as to Special Interrogatory Nos. 1-3, 6-10, 15, 17, 22-23, and 25-26, and DENIED as to Special Interrogatory Nos. 12-14, and 19. Within three weeks of this Order, Plaintiff shall serve further, written responses, without objections, to Special Interrogatory Nos. 1-3, 5-10, 15, 17, 22-23, and 25-26. All objections to these Interrogatories are overruled. Because Nos. 12-14, and 19 contain typogr...
2023.08.25 Motion for Terminating Sanctions and Monetary Sanctions 388
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ... to Form Interrogatories that were served in November 2021. The Court granted Defendant's motion to compel verified responses and ordered Plaintiff to provide verified responses and to pay a monetary sanction of $5,101.00 "within fourteen days of notice of entry of this order." (Order, April 26, 2023 (filed May 1, 2023.) Defendant served Notce of Entry of Order on May 3, 2023. As of the date Defendant filed the present motion on June 14, 2023, Pl...
2023.08.25 Demurrer to SAC 794
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ...ended Complaint ("SAC") by Plaintiffs Lori Slicton ("Slicton") and George Buckingham ("Buckingham") (also collectively "Plaintiffs"), is ruled on as follows: (1) The Demurrer is OVERRULED on the ground that Slicton fails to allege an adverse employment action in support of her claims. "Adverse employment actons are not limited to ultimate actions such as termination or demotion." (Judicial Council Of California Civil Jury Instructon 2509.) "An ad...
2023.08.24 Demurrer to SAC 470
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.24
Excerpt: ...hrough fourth causes of action asserted in Plaintiffs First Amended Complaint on the grounds that the causes of action were barred by the two-year statute of limitations applicable to claims for breach of an oral contract under CCP S 339.1. (1/19/23 Minute Order.) The Court noted that Plaintiff did not dispute that the two-year statute of limitations was applicable, but rather contended that the claim was timely under the continuous accrual doctr...
2023.08.24 Motion to Strike SAC 470
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.24
Excerpt: ... LS Home Development, LLC from the SAC on the grounds that the new y added defendant and cause of action exceed the scope of the amendment #rmitted by the Court in its ruling on Defendants' demurrer to Plaintiff's First Amended Complaint. Generally, where a court grants leave to amend after sustaining a demurrer, the scope of permissible amendment is limited to the causes of achon to which the demurrer has been sustained: "[Sluch granting of leav...
2023.08.24 Motion for Summary Judgment, Adjudication 434
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.24
Excerpt: ...intiff is reminded to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit"]; San Mateo County Superior Court Local Rule 3.3 [same...
2023.08.23 Motion to Strike Punitive Damages 909
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.08.23
Excerpt: ...Complaint is DENIED. Defendants shall file and serve their Answers to the Complaint on or before September 1, 2023. Evidence and facts external to the Complaint cannot be considered on a Motion to Strike. In their briefing, both parties assert arguments based on the "Traffic Collision and other supposed "evidence," including a declaration from Plaintiff's counsel. None of this, however, is part of the Complaint. On a Motion to Strike, the Court o...
2023.08.23 Motion for Summary Judgment, Adjudication 993
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.08.23
Excerpt: ... Civil Procedure Section 340.5, which begins to run after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury. See MP&A ISO Motion, 5:6-8; Opp. 2:16-20. As used in Section 340.5, discovery of the injury means discovery of both the physical condition and also the negligent cause of condition; it refers to the damaging effect of the alleged wrongful act and not the act itself, and no cause of actio...
2023.08.22 Motion to Strike 600
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ...assaulted at defendants' massage franchise, and she asserts numerous causes of action and requests punitive damages. Defendants bring this Motion to Strike parts of Plaintiff's First Amended Complaint ("FAC"), seeking to remove "all language regarding fraud, misrepresentation, concealment, and conspiracy." (Memorandum of Points and Authorities in Support of Motion to Strike ("MPA") at 4.) Specifically, inter alia, Defendants request that the Cour...
2023.08.22 Motion to Set Aside Order, Decision, or Award, Vacate Judgment, Set New Trial 395
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ... p.m. on August 21, 2023. In these motions in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure section 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree that there was an error in having two judgments e...
2023.08.22 Motion for Relief from Jury Waiver 065
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ...In a civil cause a jury may be waived by the consent of the parties expressed as prescribed by statute." One such statute, section 631, states that "[iln civil cases, a jury may only be waived pursuant to subdivision (f)." (Code Civ. Proc., S 631, subd. (a).) Subdivision (f) then enumerates the ways in which "[a] party waives trial by jury ... One way is "[b]y failing to timely pay the fee described in subdivision (b), unless another party on the...
2023.08.22 Demurrer to FAC 076
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ...r to specified causes of action or defenses." Defendants' has failed to failed to comply with this rule. The court overlooks that deficiency because plaintiffs have not raised it, but it has made it more difficult for the court to review the demurrer. Plaintiffs object that the demurrer was untimely, but in its discretion, the court is considering the demurrer because there is no prejudice to plaintiffs. Further, it appears that defendants made a...
2023.08.21 Demurrer
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...n required by Code of Civil Procedure, section 430.41. Defendants' counsel is reminded to strictly comply with all meet and confer requirements going forward. In the Court's discretion, despite the defective meet and confer, the Court will proceed to rule on the demurrer's merits. Defendants' Demurrer to the Eleventh Cause of Acton (violation of FEHA) is OVERRULED. Defendants argue that this claim fails to state a cause of action because (a) Plai...
2023.08.21 Demurrer 012
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...n on the same cause of action as alleged in Plaintiffs complaint." (Demurrer, at p. 2: 15-17.) The other action is the marital dissolution case, FAM 08648. The record shows that final judgment was entered in 21W6, with no further activity in that matter since then. Therefore, no claim of partition between the parties is pending in any other action. The Demurrer quotes Section l, Paragraph 5 of the Marital Settlement Agreement ("MSA"), providing t...
2023.08.21 Demurrer 273
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...d. (e). These causes of action are tme barred by the applicable statute of limitations under Code of Civil Procedure, section 337, subd. (a), and therefore fail to state a claim upon which relief can be granted. The gravamen of Plaintiff's First Amended Complaint arises out of alleged overcharges on Plaintiff's real estate loan from Defendant Bank of America, in which Plaintiff purportedly received a misstated HUD-I statement when he signed the l...
2023.08.21 Demurrer 815
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...tatutory notice requirements will not support an unlawful detainer action. (Code Civ. Proc., S 1162, see also Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600 (Kwok) ["The statutory procedure must be strictly followed."l.) Proper service of a valid notice is a prerequisite, and invalid notice will not support a judgment. Code Civ. Proc., S 1161; Kwok, supra, 130 Cal.App.3d, at p. 599.) Plaintiffs three-day notice to pay rent or quit is fatally defe...
2023.08.21 Motion for Summary Adjudication of Issues 767
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...f for legal services performed on an hourly rate basis for attorney Cary Kletter at $550 per hour. (UMF, Nos. 1, 3.) Defendant also does not dispute that (1) in April 2022, Plaintiff resolved the underlying matter with Defendant's express consent which resulted in a settlement agreement with the opposing party signed by Defendant, or that (2) Defendant has not paid any portion of the $23,116.77 in legal fees and costs billed to him under the part...
2023.08.21 Motion to Compel Arbitration and to Stay 931
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...n of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that the right to compel arbitration has been waived by the petitioner, or grounds ex...
2023.08.21 Motion to Deposit to Stakeholder, for Attorney Fees 719
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...ion against the claimants compelling them to interplead and litigate such claims. (Code Civ. Proc., S 386, subd. (b).) "The purpose of interpleader is to prevent a multiplicity of suits and double vexation." (City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.) Accordingly, the existence of at least two competing claims on the same property or obligation is required to maintain an interpleader acton. The Complaint alleges that Defendan...
2023.08.18 Motion for Protective Order 449
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.18
Excerpt: ...rict's decision in Raymond Handling Concepts Corp. v. Superior Court (1995) 39 Cal.App.4th 584, 590—591. In that case, the trial court drafted an order that "allowed disclosure only to counsel in similar cases and only if counsel executed a stipulation agreeing to be bound by the protective order. The order further required counsel to notify defense counsel when disclosure was made." The appellate court noted that "This gives defense counsel an...
2023.08.18 Demurrer 827
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.18
Excerpt: ... above, a three-day notice must include "the amount which is due." A notice that seeks rent in excess of the amount due is invalid and will not support an unlawful detainer action. (Levitz Furniture Co. v. Wingtip Communications, Inc. (2001) 86 Cal.App.4th 1035, 1038 [parenthetical and citations omittedl.) The notice to pay rent or quit upon which Barahona's claim is founded demands a $200.00 late fee in addition to past-due rent of $1,360.00. (J...
2023.08.16 Motion to Quash Service of Summons 531
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.08.16
Excerpt: ...on the defendant's intentionality. Snowney v. Harrah's Ent. , Inc. (2005) 35 Cal.4th 1054, 1062. This prong is only satisfied when the defendant purposefully and voluntarily directs its activities toward the forum so that it should expect, by virtue of the benefit it receives, to be subject to the court's jurisdiction based on its contacts with the forum. ld. Thus, purposeful availment occurs where a nonresident defendant purposefully directs its...
2023.08.16 Motion for Summary Judgment, Adjudication 568
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.08.16
Excerpt: ...not filed any papers subsequently, and the moton remains unopposed. Defendants' motion to compel discovery set for hearing on August 23, 2023 is VACATED AS MOOT. The Court finds as follows: Plaintiff's complaint is for recovery on a $260,000 Check written to Plaintiff by Defendants. (See Civ. Code sect. 1719, subd. (a)(l) (statutory basis for liability against "any person who passes a check on insufficient funds").) Defenses to a claim for a dish...
2023.08.16 Demurrer to FAC 531
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.08.16
Excerpt: ...ied upon, and that she was deceived. Her claims are based on HealthSmart's use of the descriptions "healthy" and "all-natural," yet as is apparently conceded by Plaintiff, HealthSmart has not used these adjectives to describe the products purchased by Plaintiff. HealthSmart notes the accused Sweet Nothings products are just one of several product lines. HealthSmart points to its website to demonstrate that, in fact, HealthSmart has not used the w...
2023.08.15 Motion to Compel Compliance with Stipulated Protocol for Forensic Analysis, for Monetary Sanctions 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.15
Excerpt: ...RTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant snowflake, Inc.'s Motion to compel Compliance with Stipulated Protocol for Forensic Analysis a...
2023.08.15 Motion to Approve Settlement 119
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.15
Excerpt: ...ULL BELOW AND IF A PARTY HAS CONTESTED THE TENTATIVE, IT IS SO INDICATED. IF THE TENTATIVE IS CONTESTED, THE CONTESTING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING O...
2023.08.15 Motion for Judgment on the Pleadings 550
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.15
Excerpt: ...n on substantive grounds, which appears the most effcient way to resolve this motion rather than denying the motion without prejudice on the procedural ground. A defective pleading may be challenged by demurrer, motion to strike, or motion for judgment on the pleadings. (Coyne v. Krempels, (1950) 36 Cal.2d 257. A motion for judgment on the pleadings, which is authorized by Code of Civil Procedure section 438(b)(1), performs the function of a gene...
2023.08.15 Motion for Entry of Judgment 326
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.15
Excerpt: ...correct address for Department 4 of the Central Courthouse, 800 N Humboldt St, Courtroom G, San Mateo, CA 94401. Therefore, by 4:00 p.m. on August 14, 2023, Plaintiff is to contact defendant to notify him of the correct address of the hearing. Defendant will have until 11:30 on August 15, 2023 to contest the tentative and plaintiff shall also inform defendant of this deadline. Plaintiff shall then APPEAR at the hearing to confirm that this notice...

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