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2505 Results

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2023.07.20 Motion to Strike FAC 921
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.20
Excerpt: ...person arising from any act of that person in furtherance of the person Is right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." (CINIe of Civ. Proc. S 425.16(b)(1).) The Court consid...
2023.07.20 Motion to Amend Complaint 004
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.20
Excerpt: ...is interest in real property through undue influence, seek restitution and a constructve trust on the profits Defendants allegedly made as a result, add a cause of action for breach of fiduciary duty, and remove the intentional infliction of distress claim in the original Complaint. Defendants object to amendment because they argue that the issues here are res judicata, that the causes of action are barred by the statute of limitations and do not...
2023.07.18 Writ of Mandate Hearing 947
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.07.18
Excerpt: ...e CCP S 1094.5 and Vehicle Code Section S 13559 to Set Aside Suspension of Driving Privilege — DUI with Refusal of Chemical Test (Petition), March 2, 2023, Exh. A (CHP Form DS 367); Exh. E (CHP Form 202, Investigative Pettoner later pled guilty to driving in violation of California Vehicle Code, S 23152, subd. (b), which provides, in pertinent part, that "[i]t is unlawful for a #rson who has 0.08 #rcent or more, by weight, of alcohol in his or ...
2023.07.18 Motion to Vacate Default, Judgment 003
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.07.18
Excerpt: ...gh its "mistake, inadvertence, surprise, or excusable neglect" on "any terms as may be just." Cal. Code Civ. Proc., S 473, subd. (b). The moving party must show that the act or omission resulting in the default is one that a reasonably prudent person might have committed under similar circumstances. Renteria v. Juvenile Justice, Dept. of Corrections & Rehabilitation (20436) 135 Cal.App.4th 903, 910. In addition, the party must show that the moton...
2023.07.18 Motion to Compel Further Responses, for Monetary Sanctions 401
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.07.18
Excerpt: ...filed on April 6, 2023, is GRANTED-IN-PART and DENIED-IN-PART. Background. The Court's June 6, 2023 Order, which continued the hearing on this Motion to July 18, 2023, described the background of this case and this Motion at length, which the Court will not repeat here. The June 6, 2023 Order requested that Plaintiffs identify, out of the 48 RFPs initially raised by this Motion, the 20 RFPs that are most important to Plaintiffs' case. Following t...
2023.07.18 Demurrer to SAC 726
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.07.18
Excerpt: ...of a residential property to Plaintiffs Jose Gonzalez and Faviola Gonzalez. Plaintiffs allege that the property contained construction defects. The first through fourth causes of action (breach of contract, breach of express warranw, breach of implied warranty, and breach of implied covenant of good faith) all depend on the allegation that Defendants Scott Duong and Leanne Duong were owners and sellers of the Subject Property. These claims fail t...
2023.07.14 Special Motion to Strike 056
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.14
Excerpt: ... As to the First, Second, and Third Causes of Action (libel, libel per se, and "false light"), the Motion is GRANTED-IN-PART AND DENIED-INPART. Each of these first three causes of action appears to be based on multiple Yelp postings (postings that Defendant Liu made on Plaintiff Watters' Yelp page). Some of these postings can potentially form the basis for liability; others cannot. The Court declines to strike any of the first three causes of act...
2023.07.14 Motion to Seal 066
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.14
Excerpt: ...g a court record under CRC Rule 2.550(d). The Court finds: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve the overriding interest. ...
2023.07.13 Demurrer
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.13
Excerpt: ...LC ("Urban") and Evan Haskell demur to the Second Amended Complaint's First and Second Causes of Action generally, on the basis that it does not state facts sufficient to constitute a cause of achon against Haskell, and specially, on the bases of misjoinder and uncertainty. (See Code of Civ. Pru., S 430.10, subds. They also demur generally to the Second Cause of Action, on the basis that it is superfluous. They also demur specially to the entire ...
2023.07.11 Motion to Expunge Lis Pendens, to Consolidate 683
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.07.11
Excerpt: ... failed to serve the Notice prior to its filing, as required by Cal. Code Civ. Proc., S 405.22. Defendants assert that Plaintiff "filed a notice of the lis pendens action with the court without giving any notce to Defendants." MPA, at p. 4. Accordingly, Defendants assert that the Notice is wid and invalid pursuant to Cal. Code Civ. Proc., S 405.23. In response, Plaintiff contends that the Notice concerns a mobile home, which is not real property,...
2023.07.11 Motion for Summary Judgment, Adjudication 183
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.07.11
Excerpt: ...counts therein. A. Legal Standard on Summary Judgment and Adjudication "A party may move for summary judgment in an action or proceeding if it is contended that the achon has no merit or that there is no defense to the action or proceedng." Cal. Code Civ. Proc., S 437c, subd. (a)(l). A party may also simultaneously move for summary adjudication as to individual causes of action as an alternative to summary judgment. ld., at subd. (f). A cause of ...
2023.07.07 Demurrer 530
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.07
Excerpt: ...y the statute of frauds; (2) the causes of action for transfer and title of property are barred by the statute of limitations; and (3) the activity on which Stiles' and Johnson's liability is based is protected by the ant-SLAPP statute. Though Stiles' and Johnson's memorandum of points and authorities also included a discussion of the standards governing proceedings for civil harassment restraining orders, the Notice of Demurrer and Demurrer make...
2023.07.07 Motion to Strike 530
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.07
Excerpt: ...e a First Amended Complaint with the stricken allegations removed no later than ten (10) days after service of written notice of this order. Defendants Dennis Stiles' and Daniel Johnson's Requests for Judicial Notice is DENIED. Stiles and Johnson here specially move to strike from the Complaint its fourth cause of action for injunctive relief, pursuant to Code of Civil Procedure section 425.15. A. Legal Standard on Ant-SLAPP Special Motion to Str...
2023.07.07 Demurrer to SAC 784
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.07
Excerpt: ...ure Section 430.10(e), and OVERRULED in part, as follows: First COA— Assault SUSTAINED with leave to amend. The elements of a cause of action for assault are: (1) the defendant acted with intent to cause harmful or offensive contact, or threatened to touch the plaintiff in a harmful or offensive manner; (2) the plaintiff reasonably believed he was about to be touched in a harmful or offensive manner or it reasonably appeared to the plaintiff th...
2023.07.07 Motion to Compel Binding Arbitration 518
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.07
Excerpt: ...the attached RISC lack merit Plaintiff's 6-23-23 Objections to portions of the 4- 12-23 Ameripour Declaration, in which Plaintiff objects to the Court considering the attached "Retail Installment Sales Contract" (RISC) , are OVERRULED. Plaintiff's related "Motion to Strike" is also DENIED. Plaintiff objects to the attached RISC on the following grounds: "lack of foundation, lack of authentication, lack of personal knowledge, inadmissible hearsay ...
2023.07.06 Motion to File Records Under Seal 883
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.06
Excerpt: ...xists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substanŸal probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restricŸve means exist to achieve the overriding interest. Cal. Rules of Court, rule 2.550(d); NBC Subsidiary, Inc. v. Super. C...
2023.07.06 Motion to Compel Mediation 921
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.06
Excerpt: ...udes a mediation clause, courts generally do not order/compel parties to attend, and pay for, private mediations, because mediations are inherently voluntary. See Jeld-Wen, Inc. v. Superior Court (2007) 146 Cal.App.4th 536, 540, explaining: Mediation is defined as a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement During this process, a neutral ...
2023.07.06 Motion for Determination of Good Faith Settlement 548
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.06
Excerpt: ...ion of plaintiffs' total recovery and the settlor's proportionate liability, (2) the amount paid in settlement, (3) the allocation of settlement proceeds amongst plaintiffs, (4) financial conditions and insurance policy limits of settling defendants, as well as (5) the existence of collusion, fraud, or tortious conduct aimed to injure the interests of non-settling defendants, and (6) a recognition that a settlor should pay less in settlement than...
2023.07.06 Demurrer 517
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.06
Excerpt: ...OA — Fraudulent Inducement Defendants demur to Plaintiff's first cause of action for fraudulent inducement on the grounds that "there are no allegations identifying any 'material fact' that either Mr. Fleming or Mr. Nanduri concealed during the hiring process." (MPA, p.5.) The Court agrees with Defendants. Plaintiff alleges that she was "promised her job security, a reasonable share of Onc.Al, and a proper salary," and that Defendants represent...
2023.07.03 Motion to Compel Compliance with Order for Production of Docs, for Sanctions 699
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.07.03
Excerpt: ...Sanctions is ruled on as follows: (1) The Motion to Requests for Production ("RFP") Nos. 1, 2, 7, 22, 24, 29, 34, 36, 38-40, 68, 70, 71, 76, 77, 79, 81, 83, 92, and 97 is GRANTED. The dispute regarding these RFP pertains to a 9/1/15 Plan Set that Plaintiff contends Suffolk deleted from Procore Technologies, Inc. ("Procore") and failed to produce in response to these RFP. Suffolk asserted objections to these RFP, but then notwithstanding those obj...
2023.07.03 Motion for Discovery Sanction 165
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.07.03
Excerpt: ...very Order is GRANTED IN PART and DENIED IN PART for the reasons set forth below. Defendants Jason Ertola and Brittany Ertola are ordered to provide responses without objections to Plaintiff Mark Benson's March 27, 2023 Form Interrogatories no later than three (3) days after service of written notice of this order. Defendants Jason Ertola and Brittany Ertola are also ordered to pay, jointly and severally, Plaintiff Mark Benson's reasonable expens...
2023.07.03 Demurrer to FACC 040
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.07.03
Excerpt: ...of action." Code Civ. Proc. Sect. 430.10(c); see Michael Liberty's 5-2-23 Second Amended Complaint (SAC) in the earlier-filed case, Case No. 21ClV04741, captioned Michael Liberty v. Bank of the West. Accordingly, Mr. Liberty's FACC in this case is HEREBY ABATED/STAYED, pending resolution of Liberty's claims against Hillhouse in Case No. 21CIV04741. Sect. 430.10(c) prov-des for demurrer, and for abatement of the laterfiled action, where "there is ...
2023.07.03 Demurrer 018
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.07.03
Excerpt: ...nt had knowledge of the object to be attained and intentionally participated in the wrongdoing. Demurrer, 6:5-7. The Complaint alleges that each Defendant is an alter ego of the other. Complaint, 937. It also alleges that each Defendant acted both individually and in alignment with the other Defendants with full knowledge of their respective wrongful conduct and building upon each other's wrongdoing in order to accomplish the acts alleged in the ...
2023.06.30 Motion for Summary Judgment 502
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.06.30
Excerpt: ... Castro's Objections to Evidence are OVERRULED. The Complaint asserts six causes of action—two for breach of contract and four common counts—all seeking recovery of the same single sum of $20,372.04 allegedly owed by Defendant Joel L. Castro on a credit card account. (Aug. 29, 2022 Complaint, pp. 3—6.) Plaintiff Wells Fargo Bank, N.A. ("Wells Fargo") moves here for summary judgment, contending there are no issues to be tried on any of these...
2023.06.30 Motion to Quash Service of Doe Amendment 821
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.06.30
Excerpt: ... To Plaintiff'S Complaint On Individuals Brajah Norris And Paula Jones. Specially Appearing Defendants arajah Norris and Paula Jones's motion to quash service of the summons is DENIED. Specially Appearing Defendants' motion appears to be pursuant to Code of Civil Procedure sections 418.10 and 474. The court rejects Plaintiff Johnny Boyer's claim that Jones waived her right to file a motion to quash; while Jones did not bring their motion within t...
2023.06.30 Motion to Vacate and Set Aside Default 069
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.06.30
Excerpt: ...ion, without prejudice, on March 10, 2023, due to Defendants' failure to demonstrate that the motion had been adequately served on Plaintiff, as well as Defendants' failure to attach a proposed responsive pleading. (3/10/23 Minute Order.) Defendants subsequently filed this motion to set aside the default on March 30, nearly nine months following the entry of default. Because this motion was filed more than six months following the entry of defaul...
2023.06.29 Motion to Set Aside Entry of Default, Judgment 135
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.29
Excerpt: ... court may relieve a party from any proceeding taken against them through her excusable neglect on any terms that may be just. (Code of Civ. Proc., S 473, subd. (b).) The moving party must show that the negligent act or omission is one that a reasonably prudent person might have committed under similar circumstances. (Renteria v. Juvenile Justice, Dept. of Corrections & Rehabilitation (2006) 135 Cal.App.4th 903, 910.) In addition, the party must ...
2023.06.29 Motion to Enforce Liability on Undertaking on Appeal 047
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.29
Excerpt: ..., Plaintiff seeks to add the three surety entities to the existing Judgment, and to amend the amount of the existing Judgment to account for (a) accrued interest, and (b) three prior awards of attorney's fees/costs, which remain unpaid. The Motion is opposed only by the two Loanvest entities (the sureties), and only in part. Brief background. In Nov. 2016, the parties entered into a Settlement Agreement, pursuant to which Defendants agreed to pay...
2023.06.29 Demurrer to FAC 369
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.29
Excerpt: ...tile work environment on the basis of harassment due to her race (sixth), gender/sex (seventh), marital status (eighth), disability (ninth), and associative disability (tenth), on the grounds that Plaintiff "fails to plead what the alleged harassment was, who allegedly harassed her, when they allegedly harassed her, how the alleged harassment was tied in any way to a protected characteristic, and how the alleged harassment created a hostile work ...
2023.06.28 Special Motion to Strike 355
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.06.28
Excerpt: ...Defendants have demonstrated that the claims alleged against them by Plaintiff LaVerne Norman Jones fall with Prong One of SLAPP statute, and Plaintiff has failed to demonstrate any probability of prevailing on her claims under Prong wo of SLAPP statute. An "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes "any written or oral statement...
2023.06.27 Special Motion to Strike 683
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.06.27
Excerpt: ... 425.15 is DENIED for the reasons set forth below. Plaintiff seeks to strike Defendants/cross-complainants' ("Defendants") Cross-complaint on the grounds that "the gravamen of the Cross-complaint against Cross-Defendant involves acts taken during litigation activities." MPA, at p. 2. Plaintiff argues that, "[iln essence, Cross-complainants are countersuing Cross- Defendant because Cross-Defendant threatened to file a lawsuit and did file a lawsui...
2023.06.27 Motion to Strike 509
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.06.27
Excerpt: ...City's ("Plaintiff) Motion to strike Defendant's Cross- Complaint, and the Motion filed by Defendant's attorney, Joseph M. Goethals, to be relieved as Defendant's counsel. Mr. Mogannam has not responded to either motion. Mr. Goethals's unopposed Motion to be Relieved as Defendant's Counsel is GRANTED. Because Mr. Mogannam has not responded to Plaintiff's Special Motion to Strike the Cross-complaint pursuant to California Code of Civil Procedure, ...
2023.06.27 Motion for Summary Judgment, Adjudication 474
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.06.27
Excerpt: ...de Civ. Proc., S 437c. Accordingly, BBV PSP's alternative Mohon for Summary Adjudication is DENIED AS MOOT. 1. Preliminary Matters a. Plaintiff has not demonstrated good cause to continue the hearing to conduct further discovery. Plaintiff argues that this Motion is premature, and that the hearing should be continued, because discovery is still on-going. Opp., at p. 9. The only discovery Plaintiff identifies as incomplete is the "conclusion" of Z...
2023.06.26 Motion to Quash Service of Complaint 290
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.06.26
Excerpt: ... the burden of proof is on the plaintiff to demonstrate by a preponderance of the evidence that "minimum contacts" exist between defendant and the forum state to justify the imposition of personal jurisdiction. (Mihlon v. Sup. Ct. (1985) 159 Cal.App.3d 703, 710; Ziller Electronics Lab GmbH v. sup. ct. (1988) 206 cal.App.3d 1222, 1232-1233.) Under a general jurisdiction analysis, a nonresident defendant may be sued on a cause of acton unrelated to...
2023.06.26 Motion for Judgment on the Pleadings 456
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.06.26
Excerpt: ...laintiff's Second Amended Complaint ("SAC") is DENIED. The parties' respective requests for judicial notice are GRAN ED pursuant to Cal. Evidence Code section 452(d). Defendants argue that Plaintiff does not sufficiently allege a fiduciary duty owed to herself individually, because she alleges her ownership interest of FMCTD and Bayshore were through her interest in Nucleus Management. Reply, 2:23-3:16. The Ninth COA in the SAC alleges, in part: ...
2023.06.26 Demurrer 426
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.06.26
Excerpt: ...re or quit for breach of lease covenant on March 8, 2023." (MPA, p.4.) According to Defendants, because Plaintiff's Complaint does not attach a threeday notice to cure or quit served on March 8, 2023, the notice requirements of Civ. Code 1946.2(c) have not been satisfied, and Plaintiff's Complaint is fatally ambiguous. Plaintiff responds that both the Three-Day Notice to Quit and the Complaint allege that Defendants were first given notice of the...
2023.06.23 Demurrer 514
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.06.23
Excerpt: ... days after service of written notice of this order. The failure to file an amended complaint shall result in dismissal of this case. Defendant City of Burlingame's Request for Judicial Notce is GRANTED. The Court does not take judicial notice of the declarations per se but considers them as independent affdavits. Defendant City of Burlingame (the "City") demurs to the Complaint pursuant to Code of Civil Procedure secton 430.10, subdivisions (e) ...
2023.06.23 Motion for Leave to File Amendment to FAC 192
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.06.23
Excerpt: ... amendments to its First Amended Complaints do not require/necessitate a contnuance of the trial date, which is set to begin June 26, 2023, nor any additional discovery. Plaintiff's 5-22-23 Requests for Judicial Notice are GRANTED. Evid. Code Sect. 452(d). Background. In these consolidated cases, on 5-22-23, Plaintiff DFS filed two substantially similar motions, both entitled: "Motion for Leave to File Amendment to First Amended Complaint." In th...
2023.06.23 Demurrer 533
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.06.23
Excerpt: ... Toole ("Plaintiff") is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. The elements of a claim for intentional interference with contractual relations are: (1) That there was a contract between [name of plaintiff] and [name of third party]; (2) that [name of defendant) knew of the contract; (3) that [name of defendant]'s conduct prevented performance or made performance more expensive or diffic...
2023.06.23 Motion to Vacate Default Judgment 356
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.06.23
Excerpt: ... Bulaya, who is doing business as KJ Millworks, he did not file a timely response to the Complaint because he is unfamiliar with the united States legal system and because he was in an emotional state due to the death of his father father-in-law five days prior to the filing of this action. (MPA, p.3, 5.) Mr. Bulaya's declaration states that "My father in law's death distracted me, affected me psychologically by causing me to become sad and anxio...
2023.06.22 Motion to Compel Further Responses 624
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.22
Excerpt: ...of this order. Defendant Ford Motor Co. ("Ford") moves here for an order compelling the further responses of Plaintiff Mario A. Gonzalez to its special interrogatories nos. 1, 5, 7, 9, 19, and 21—22. Generally, these interrogatories seek information as to what defects or nan-conformities Gonzalez alleges the vehicle had and the damages he has incurred for Ford's failure to repair the defects. The Motion was filed on April 14, 2023. Gonzalez ser...
2023.06.21 Motion to Amend Answer 881
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.06.21
Excerpt: ...ion is DENIED. This lawsuit was originally filed by Plaintiffs against Defendant Giusto's Specialty Foods LLC back on August 21, 2019 — almost four years ago. Although the Complaint was served upon Defendant GSF on August 22, 2019, Defendant GSF failed to file any Answer to the Complaint. On March 3, 2021, Plaintiffs filed a First Amended Complaint, adding parties to the case. Defendant GSF filed its Answer on April 26, 2021. This case was set ...
2023.06.21 Demurrer 958
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.06.21
Excerpt: ...tract; (2) plaintiff's performance; (3) defendant's breach; (4) plaintiff's damages therefrom. (See Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) hough the Complaint alleges that a written contact exists, it does not attach a copy, set out the contract's terms, or otherwise state the terms' legal effect. (See Gilmore v. Lycoming Fire Ins. Co. (1880) 55 Cal. 123, 124.) Second, to the extent the Complaint asserts a cause of action for disc...
2023.06.16 Petition to Correct Contractual Arbitration Award 302
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.06.16
Excerpt: ...d on Janaury 10, 2023, by arbitrator Hon. David A. Garcia is hereby corrected and confirmed, and judgment shall be entered for Iglesia Bautista Hispana Senda de Vida and against First Puritan Church of South San Francisco as follows: First Puritan Church of South San Francisco shall take nothing by its claims. Iglesia Bautista Hispana Senda de Vida shall be allowed the continued use of the premises consistent with its historical use, including th...
2023.06.16 Motion to Strike 916
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.06.16
Excerpt: ...ode Civ. Proc. Sect. 436; Civ. Code Sect. 3294. Plaintiffs 5-5-23 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). The meet & confer. Code Civ. Proc. Sect. 435.5 states that the party filing a motion to strike shall meet and confer in person or by telephone with the party who filed the pleading ..." It is not enough to merely send correspondence inviting opposing counsel to participate a phone call. The statute contemplates that t...
2023.06.16 Motion to Compel Arbitration and Stay Proceedings 196
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.06.16
Excerpt: ...d City, Courtroom 2]. Any party contesting this tentative ruling is also to give notice to opposing counsel of the correct location of the hearing. CASE SUMMARY On July 8, 2021, Plaintiff Bernardo Zavala-Rosales ("Plaintiff") purchased a 2018 Honda Pilot ("vehicle"). Plaintiff alleges that the vehicle came with express and implied warranties from Defendant, the manufacturer. Plaintiff claims that the vehicle was delivered with serious defects and...
2023.06.16 Demurrer 995
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.06.16
Excerpt: ...thing in the Notice of Demurrer indicates the grounds for demurrer. For purposes of this hearing only, the Court overlooks the procedural defect and rules on the demurrer. Defendant's counsel is directed to comply with California Rules of Court and uycal Rules of Court regarding electronically filed documents. Specifically, exhibits must be (CRC Rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page...
2023.06.15 Motion for Protective Order 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.15
Excerpt: ...nuary 24, 2023 Declaration of Paul W. Reid' are OVERRULED as to all items. In response to a subpoena, a party or witness may move for an order directing compliance with the subpoena upon certain terms and conditions declared by the court, such as a protective order. (Code of Civ. Proc., S 1987.1, subd. (a), (b).) A court may issue a protective order, "for good cause shown," that protects any person from "unwarranted annoyance, embarrassment, or o...
2023.06.15 Demurrer to FAC 021
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.15
Excerpt: ...ice of hearing contains an incorrect department and address for the hearing. This case was reassigned for all purposes on March 8, 2023. If contested, the hearing will be held at 2:00 p.m. in Department 3, which is located at 400 County Center, Redwood City, CA 94063, Courtroom 2B. Any party contesting the tentative ruling must give notce to all other parties of the correct department and location of the hearing. (2) Plaintiff's opposition was fi...
2023.06.14 Motion to Strike 046
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.06.14
Excerpt: ...lany and Majdy Alkablany shall, jointly and severally, pay Defendants Colla & Ray, LLP's, Samuel Charles Ray's, and Luke Robert Garvey's reasonable attorney fees in the total amount of Defendants Colla & Ray, LLP's, Samuel Charles Ray's, and Luke Robert Garvey's Objections to Evidence are SUSTAINED as all items. Defendants Colla & Ray, LLP, Samuel Charles Ray, and Luke Robert Garvey (collectively "Colla & Ray") specially move here to strike the a...

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