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2024.04.04 Demurrer to SAC 801
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.04.04
Excerpt: ...d Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. The Second Amended Complaint (the “SAC”) asserts six causes of action, for: (1) reversal of the void deed of trust and/or novation of the mortgage loan based on a theory of fraud and cancellation of instruments; (2) cancellation of foreclosure action; (3) quiet title; (4) declaratory relief; (5) accounting; and (6) preliminary and permanent injunction. Defendants Select Portfolio Servicing, Inc...
2024.04.03 Motion to Stay Proceedings 119
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.03
Excerpt: ... effective Janu ary 1, 2020. (See former Code. Civ. Proc., § 340.1, repealed by Stats. 2022, c. 444 (A.B. 2959), § 1, eff., Jan. 1, 2023, and then repealed by Stats. 2023, c. 655 (A.B. 452), § 1, eff., Jan. 1, 2024.) Doe 1 seeks to stay this action on the ground that this same issue is currently under review by the First District Court of Appeal in Jane Doe v. Acalanes Union High School District (A169013) (MPA, at p. 2.) Appeals frequently tak...
2024.04.03 Motion for New Trial 187
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.03
Excerpt: ... sued various defendants including cross-complainants Real Advantage Title Insurance Company, Orange Coast Title Company of Northern California, and Orange Coast Title Company (Orange Coast parties); Donald M. Bronstein; Donald M. Bronstein, Trustee of the Don and Chery l Bronstein Family Trust Account 125; Donald M. Bronstein, Trustee of the Nicole Bronstein Living Trust; Donald M. Bronstein, Trustee of the Kimberly Bronstein Living Trust; and I...
2024.04.03 Motion for New Trial 080
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.03
Excerpt: ...l amend the J udgment to find that Shuppe materially breached Section 2.4 and the Estate of Georgy Shuppe is ORDERED to perform the obligations set forth in Section 2.4 of the 2012 Agreement, within 30 days of notice of entry of this Order. The Court GRANTS - IN -PART th e Libermans' Motion for a New Trial, or Additur, as to the SOD's award of damages to the Libermans as to the acquisition of Darberry by Groupon, and finds that the Court should...
2024.04.02 Motion to Compel Binding Arbitration 984
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.02
Excerpt: ...matter, the court notes that Patelco has filed documents with plaintiff's confidential information. Patelco shall take immediate steps to have that confidential filed under seal and file public documents with the confidential information redacted. The court has ord ered the clerk of the court to seal the Declaration of Jade Luong filed February 15, 2024 in the interim to protect plaintiff's privacy. California law strongly favors arbitrati...
2024.04.02 Motion for Final Approval of Class Action Settlement 110
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.02
Excerpt: ...d final order submitted on February 9, 2024. The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. Plaintiff shall submit an order which incorporates the tentative and the non -contradictory language in the submitted proposed order. On October 31, 2023, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. The action alleges wag...
2024.04.02 Motion for Determination of Good Faith Settlement, to Seal 485
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.04.02
Excerpt: ...efendants do not o ppose a motion on the good faith issue, a barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient. (City of GrandTerrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) The Court has reviewed Defendants' counsel's declaration and the attached exhibits, and finds that the settlement meets the criteria for good faith settlement un...
2024.03.29 Motion to Dismiss 630
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.29
Excerpt: ...nants Christopher Campanile's and David Espie's Request for Judicial Notice is GRANTED as to all items. Amiseq moves here to dismiss Cross - complainants' operative cross -complaint for a failure to serve process within three years. A summons and complaint must be served within thr ee years after the action is commenced, and the proof thereof must be filed within sixty days thereafter. (CCP §583.210.) When service has not been made within this ...
2024.03.29 Motion to Compel Further Responses, for Monetary Sanctions 536
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.29
Excerpt: ...the Court notes that although both Plaintiffs bring the present Motion to Compel (see 1 -12- 24 Notice of Motion [Plaintiffs Leonidas and Nestor Quezada will move this Court … for an Order compelling Defendant Jing Yuan to provide further response …]), Plaintiff Nestor Quezada did not serve the subject Special Interrogatories, and therefore has no standing to bring this Motion. This is noteworthy given Plaintiffs' repeated argument, both duri...
2024.03.29 Motion for Summary Judgment 798
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.29
Excerpt: ...olo now moves for s ummary judgment (the “Motion”) pursuant to CCP § 437c as to the only cause of action in the Complaint on grounds that Lawrence is an independent contractor rather than Wonolo's employee, and thus Wonolo cannot be held vicariously liable for her torts. Plaintiff does not oppose the Motion. Only co - defendant Good Eggs opposes the Motion. For the reasons set forth below, the motion is GRANTED. Defendant's request for judic...
2024.03.28 Motion to Strike 633
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.03.28
Excerpt: .... Code Sect. 329 4.) Defendant's 2-16-24 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d).) Defendant Liao's Motion to Strike the Complaint's request for punitive damages against defendant Liao is GRANTED with leave to amend. (Code Civ. Proc. Sect. 435, 436; Civ. Code Sect. 3294.) To survive a motion to strike, a complaint that seeks punitive damages must allege facts, not conclusions, that could support a finding that the defend...
2024.03.27 Motion to Enforce Stipulated Decree, for Sanctions 354
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.27
Excerpt: ...4 hearing of t his Motion will take place in the Redwood City courthouse. Department 28 (Judge Healy) is, in fact, located at Courtroom I, 800 North Humboldt St., San Mateo, California 94401. Background. The following “facts” are taken from the parties' recently filing s, and are intended only to describe the general background of this case and the present Motion. Plaintiff Xin Li and defendant Oded Haner each hold a 50% interest in FC4X Rea...
2024.03.26 Motion to Strike or Tax Costs 014
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.26
Excerpt: ...al Notice is GRAN TED. (Evid. Code Sect. 452(d).) Plaintiff's request to “strike” the entirety of CalTrans' Memorandum of Costs is DENIED. Plaintiff seeks to strike, in its entirety, Defendant CalTrans' Memorandum of Costs, filed Jan. 23, 2024, or alternatively, to tax the costs claimed therein. CalTrans' Memorandum of Costs seeks total costs of $15,089.20, consisting of $11,639.20 in deposition costs (subpoenas seeking Plaintiff's medical r...
2024.03.26 Motion to Amend Complaint 301
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.26
Excerpt: ...otion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious de fense, it is not only error but an abuse of discretion.” (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) Plaintiff's motion is timely and in compliance with the ...
2024.03.26 Demurrer, Special Motion to Strike 306
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.26
Excerpt: ...Judicial Noti ce is GRANTED as to all items. Initially, the court notes that the moving parties have not provided the address for the hearing. Department 4 is located at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, rule 3.1110 [the notice “must specify” the location of the hearing].) The moving parties must contact Plaintiffs Nathaniel Basola Sobayo and Elizabeth Basola Shoaga by ...
2024.03.25 Special Motion to Strike 326
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.25
Excerpt: ...cted free speech under the common interest doctrine set forth in Civil Code § 47(c)(1). The County seeks to strike paragraphs 38 through 43 and 61 through 68 of Plaintiff Steven Heindel's First Amended Complaint. The alleged defamatory statements are contained in paragrap hs 38 through 40 of the First Amended Complaint, which state: 38. Several senior ranking members of the Sheriff's Office have spread rumors that Sergeant Heindel was “walked ...
2024.03.25 Demurrer 779
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.25
Excerpt: ...s Complaint asserts six causes of action against her employer, Defendant Visa Technology & Operations LLC (“Visa”), for gender, race, and national origin discrimination and retaliation in violation of California's Fair Employment and Housing Act (“FEHA”). (Govt. Code Sect. 1 2940 et. seq.) The Complaint alleges that at all relevant times, Plaintiff resided and worked in Virginia. (Cmplt., para. 4.) It alleges that “[Visa's] office overs...
2024.03.25 Demurrer 429
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.25
Excerpt: .... (“SPS”) and U.S. Bank, N.A. (“US Bank”) (collectively, the “Lender Defendants”) regarding a mortgage loan relating to real property located in Daly City, CA. The Lender Defendants demur to each cause of action in the Complaint. Defendants' Request for Judicial Notice (“RJN”) is GRANTED pursuant to Cal. Evid. Code § 452(c), but only as to their existence and not as to the truth of the factual matters contained therein. For the r...
2024.03.22 Motion to Strike 419
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.22
Excerpt: ...oss- Defendant”). The original Cross-Com plaint was served on Cross - Defendants on August 14, 2023. On October 12, 2023, Cross -Defendant Stiles timely filed his special motion to strike (“anti -SLAPP motion”) pursuant to CCP §425.16, directed at the tenth cause of action for abuse of process allege d against him in the original Cross -Complaint. After the Court sustained in part and overruled in part Cross -Defendants' separate demurrer...
2024.03.22 Motion to Compel Further Responses 494
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.22
Excerpt: ...r Responses to Special Interrogatories, Set One, is GRANTED IN PART. Plaintiff seeks to compel further responses from Defendant Ampex Engineering and Construction, Inc. (“Defendant”) to Special Interrogatories nos. 1 through 12, contending that Defendant's supplemental responses are insufficient. Specifically, Plaintiff argues that none of Defendant's objections have merit and the substantive portion of Defendant's supplemental responses are...
2024.03.22 Demurrer to SAC 906
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.22
Excerpt: ...tional distress (“IIED”). Vinogradova demurs here to the second cause of action for IIED on the grounds of uncertainty and a failure to state facts sufficient to state a cause of action. (CCP §430.10(e) –(f).) A. Legal Standard on Demurrer The purpose of a demurrer is to t est the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. (New Li...
2024.03.21 Motion to Expunge Lis Pendens, for Attorney Fees 679
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.03.21
Excerpt: ... 5 Palms, LLC, an d Natural Software Systems, Inc. Money Purchase Pension Plan (the “Dakota Parties”) have here moved to expunge three lis pendens recorded by Plaintiffs/CrossDefendants/Cross -Complainants Nariman Teymourian, Gail Teymourian, and 2700 Middlefield Road, LLC (the “Teymourian Parties”) against 66 Barry Lane in Atherton (the “Barry Property”). Counsel for both parties is ORDERED TO APPEAR at the hearing on this motion. A...
2024.03.21 Motion to Compel Answers 527
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.03.21
Excerpt: ...kins' Form I nterrogatories (Sets One and Two), Special Interrogatories (Set One), and Demand for Production (Set One). Defendant served the requests on February 14, 2023 and October 17, 2023. (Declaration of David E. Hunter III in Support of the Motion, ¶¶ 3 -5, 7.) (“Hunter Decl.”) Counsel for Defendant wrote Plaintiff's counsel repeatedly to request verified answers, but to no avail. (Id. at ¶ 6.) After Plaintiff failed to appear at th...
2024.03.20 Motion for Pending Orders, for Summary Judgment 831
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.20
Excerpt: ...rt state d that plaintiff had waived a jury trial by failing to pay the fees, but set a jury trial based on defendants' payment. (Note, however, that the parties represented at paragraph 12 in their joint case management and trial setting conference statement, fil ed on April 7, 2023, that “[a]ll parties have demanded a jury trial on all issues.”) Plaintiff's counsel admits that he did not understand that jury trial fees are due at the time ...
2024.03.20 Motion to Seal Summary Judgment 289
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.20
Excerpt: ...alifornia Rules of C ourt, rule 2.550. Accordingly, the motion to seal is DENIED WITHOUT PREJUDICE. Specifically, defendant has moved to seal the following documents: • Memorandum of Points and Authorities in Support of Defendant Timothy Logue's Motion for Summary Judgmen t; • Separate Statement of Undisputed Material Facts in Support of Defendant Timothy Logue's Motion for Summary Judgment; • Declaration of Timothy Logue; • Declaration ...
2024.03.20 Motion to Tax Costs 454
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.20
Excerpt: ...tiffs in settlements with other defendants. Plaintiffs are the prevailing party and on January 23, 2024, filed a memorandum of costs, seeking a total of $68,368.87. (Code Civ. Proc., § 1032.) Defendants have filed a motion to tax costs. In their opposition, plaintiffs agreed that certain of their requested costs are not supported and reduced the total requested to $53,066.35. Defendants have argued that $838.48 for “Court -ordered transcript...
2024.03.19 Motion to Stay Actions 507
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...as it relates to a motorhome vehicle plaintiffs purchased from defendant. As part of the purchase process, the parties agree there is contained in the agreement of purchase a forum selection and choice -of -law clause providing that exclusive jurisdiction for deciding le gal disputes relating to the warranty shall be within the state or federal courts of Ohio, and that Ohio law will apply. (Declaration of Rick March, Ex. B at page 2.) Defendant n...
2024.03.19 Motion for Summary Judgment, Adjudication 634
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...e court DENIE S the motion for summary judgment. In order to prevail on a motion for summary judgment, the moving party must demonstrate that “there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (C ode Civ. Proc., § 437c, subd. (c).) In this motion, plaintiff has failed to provide any argument concerning the second cause of action for account stated or third cause of acti...
2024.03.19 Motion for Leave to File Complaint 560
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...��led, defe ndant had not yet made an appearance; thus the motion did not need to be served on defendant. (Code Civ. Proc., § 1014.) Defendant filed an answer on March 1, 2024. Therefore, Liberty shall by 4:00 p.m. on March 18, 2024 provide notice to defendant of this motion and provide the tentative ruling. If defendant wishes to oppose the motion, she has until 10:00 a.m. on March 19, 2024 to notify the court and all parties of her intent to ...
2024.03.19 Motion for Determination of Good Faith Settlement 765
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...hearing. Depa rtment 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the notice “must specify” the location of the hearing].) A. Legal Standard on Motion to Determine Good Faith Settlement Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co -obligors on a ...
2024.03.19 Demurrer 642
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...s a whole, wi th a view to substantial justice between the parties. (Code Civ. Proc., § 452; Saxer v. Philip Morris Inc. (1975) 54 Cal.App.3d 7, 18.) The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not conten tions, deductions or conclusions of fact or law). (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966- 967.) Courts have repeatedly recognized that where a plaintiff “ "...
2024.03.19 Application for Writ of Possession 122
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.19
Excerpt: ...Superior Court (1991) 230 Cal.App.3d 173.) In order to obtain a writ of possession though, plaintiff must show that he has the right to immediate possession of tangible personal property, and that the property is being wrongfully detained by Defendant. (Code Civ. Proc., § 512.010, subd. (b)(1), (2).) In this case, there is conflicting evidence as to who is Figo's owner. Plaintiff claims that he is Figo's owner. (Plaintiff's Decl., and attached ...
2024.03.18 Motion to Transfer Venue 021
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.18
Excerpt: ... Maduros' (collectively, “Respondents”) “Motion to Transfer Venue,” filed 12 -2223, is DENIED. (Code Civ. Proc. Sect. 392 et. seq.) Background. Petitioners/Plaintiffs the City of San Bruno and Walmart.com USA, LLC (“Petitioners”) filed this Petition/Complaint against Respondents, seeking to set aside/invalidate certain decisions (“Reallocation Notices”) made by the CDTFA on April 17, 2023. Petitioners contend that the April 17, ...
2024.03.18 Motion for Summary Judgment, Adjudication 261
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.18
Excerpt: ...plaint is DEN IED. Plaintiff and Cross -defendant Montgomery Sansome, L.P.'s Request for Judicial Notice is GRANTED as to all items, but only for the existence of these documents as court records and not for the truth of any fact therein. (See Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 883– 884.) Defendant and Cross-complainant Nathalie Anne Gachot's papers reference a request for judicial notice ...
2024.03.18 Motion for Summary Judgment 615
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.18
Excerpt: ...aranty Agreement to guarantee the lease entered into by Plaintiff and its tenant, Green Haven LLC (“Tenant”). The Guaranty Agreement calls for joint and several liability among the Guarantors, of whom Defendant Hester is one. (Defendant's SSUMF ¶ 9.) The Tenant defaulted on its re nt obligations in January 2023. (Defendant's SSUMF ¶ 5; Kronenberg Decl. ¶ 3.) Plaintiff now moves for summary judgment against Defendant for breach of guaranty....
2024.03.15 Demurrer 784
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.15
Excerpt: ...) The Court continued this Demur rer for Defendants to establish compliance with the meet and confer requirement under Code of Civil Procedure section 430.41, and to file a supplemental declaration establishing compliance with this requirement. Defendants' counsel previously filed a decla ration stating that the parties met and conferred by telephone on September 8, 2023, and also attached a meet and confer email to Plaintiff to confirm the co...
2024.03.15 Motion for Entry of Default 630
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.15
Excerpt: ...- defendants Nite sh Hissaria and Digitize Solutions Private Limited (DSPL) is DENIED. Cross - complainants move here to enter the defaults of Cross -defendants Hissaria and DSPL on the Amended Cross -Complaint. Hissaria and DSPL are purportedly located in the Republic of India . Service of process on a person outside the United States may be made (1) as provided in part 2, title 5, chapter 4 of the Code of Civil Procedure, or (2) “if the court...
2024.03.15 Motion to Set Aside Default, Judgment 438
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.15
Excerpt: ... and to set aside the default and default judgment, if applicable, under CCP §473. Defendant's Motion is GRANTED. Where a motion for relief is not accompanied by an attorney affidavit of fault but is timely made, the court may grant discretionary relief from default taken against a party due to that party's mistake, inadvertence, surprise, or excusable neglect. (CCP §473(b).) The law favors judgment based on the merits, not based on procedural ...
2024.03.14 Motion for Sanctions, to Resolve Disputed Evidentiary and Legal Issues Affecting Determination of Compensation 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.03.14
Excerpt: ...n. 24, 2024, is DEN IED. (Code Civ. Proc. Sect. 2025.420(h).) Courthouse/hearing location. The Court notes that CLT's 1 -24- 24 Notice of Motion incorrectly states that the March 14 hearing will take place in the San Mateo courthouse. Department 3 (Judge Greenberg) is located o n the Second Floor of the Redwood City courthouse, located at 400 County Center in Redwood City. The Gearings' 3 -1 -24 Request for Judicial Notice, which requests that th...
2024.03.14 Motion for Leave to File Amended Answer 032
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.03.14
Excerpt: ...e of Civ. Pro c., § 473, subd. (a)(1).) The proposed amendment would simply delete the first two affirmative defenses from the Answer. Plaintiff Alfredo Ortiz refused to stipulate to obtaining an advantage for himself and opposes this motion on the basis of delay and pr ejudice. However, both principles are founded upon a consideration of fairness. Ortiz presents no coherent argument as to why the elimination of his adversary's defenses works a...
2024.03.14 Motion for Attorney Fees 795
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.03.14
Excerpt: ...ber 16, 2023. Pla intiff now moves for attorney's fees pursuant to the lease agreement, which provides in section 31 that the prevailing party to the action shall be entitled to reasonable attorney's fees. Defendant argues that attorney's fees, as part of the judgment, are automatically stayed pending appeal. This is incorrect. Unlike in civil actions generally (see Cal. Civ. Proc. § 916), appeals from unlawful detainer judgments do not automati...
2024.03.14 Demurrer to FAVP for Writ of Mandate 283
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.03.14
Excerpt: ...�City”), to the First Cause of Action in the First Amended Petition for Writ of Mandate (“FAP”) is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to allege facts sufficient to support a cause of action. Generally, a writ under section 1085 may only be employed to compel the performance of a duty which is purely ministerial in character. (Transdyn/Cresci v. City and County of San Francisco (1999) 72 Cal.App.4th 746, 752.) “A ministerial...
2024.03.13 Motion to Strike Punitive Damages 307
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.13
Excerpt: ..., or oppre ssion” required under Civil Code, section 3294 to support an award of punitive damages. In order to survive a motion to strike an allegation of punitive damages, the plaintiff must plead the ultimate facts showing an entitlement to such relief. (Clauson v. Superior Court (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stat...
2024.03.13 Motion to Strike 489
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.13
Excerpt: ... The Notice of Motion incorrectly states that the hearing on this Motion will take place in the Redwood City courthouse. The Court notes that Department 28 (Judge Healy) is located at Courtroom I, 800 North Humboldt St., San Mateo, California 94401. Meet and co nfer. The December 21, 2023 Declaration of Azim Khanmohamed does not comply with Code of Civil Procedure, section 435.5, which requires that the declaration supporting a motion to strike s...
2024.03.13 Motion for New Trial 399
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.13
Excerpt: ...y wages on termination; to provide rest periods or compensation; and to provide accurate, itemized wage statements. (First Amended Complaint, filed April 13, 2018.) The case was tried in two phases. On December 6, 2023, the Honorable Marie S. Weiner (retired) issued a final statement of decision and judgment after court trial in favor of plaintiffs, awarding penalties totaling $274,900 against defendants Lisa Meteyer and Sunnyvale Massage, join...
2024.03.12 Motion to Tax Cost Bill 974
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.12
Excerpt: ..., rule § 3.1700(b).) A verified memorandum of costs is a prima facie evidence of the propriety of the items listed on it. (Adams v. Ford Motor Co. (2011) 199 Cal.App.4th 1475, 1487.) “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of pr...
2024.03.12 Motion for Preliminary Injunction 582
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.12
Excerpt: ... cour t strongly suggests that the parties engage in mediation with a private mediator experienced in these type of disputes or some other form of ADR. Plaintiff Puja Gupta's Request for Judicial Notice is GRANTED as to items nos. 1 –5 as to the existence of the documents as court records but not as to “the truth of matters stated therein.” (Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375 (Herrera).) Defendant ...
2024.03.12 Demurrer, Motion to Strike 308
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.12
Excerpt: ...d at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Any party contesting the tentative ruling is to give notice to all other parties of the address for the hearing. Secon d, plaintiff failed to file a declaration that complies with Code of Civil Procedure section 430.41, subdivision (a)(3), showing that the parti...
2024.03.11 Motion to Strike, Demurrer 646
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.11
Excerpt: ...icken is irrelevant, false, or improper under Code Civ. Proc. § 436(a).) A motion to strike may be used to attack the entire pleading, or any part thereof, even single words or phrases. (Baral v. Schnitt (2016) 1 Cal.5th 376, 393 -394.) The motion lies to strike any irrelevant, false, or improper matter inserted in any pleading, or to strike any pleading or part thereof which is not drawn or filed in conformity with the laws of this state, a co...
2024.03.11 Motion for Summary Judgment, Adjudication 238
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.11
Excerpt: ...t (SAC), is GRAN TED. (Code Civ. Proc. Sect. 437c.) The State's alternative Motion for Summary Adjudication (“MSA”) is therefore DENIED AS MOOT. (Code Civ. Proc. Sect. 437c.) Plaintiff's 11 -6 -23 Objections to Evidence (to the 10 - 10 -23 Corrected Marshall Decl.) are ruled upon as follows: • Marshall Decl., Para. 4 -5. OVERRULED. Plaintiff's objections go to the weight of this testimony. Marshall testified in deposition that she does not...

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