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2505 Results

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2024.03.11 Demurrer to FAC 842
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.11
Excerpt: ...lows: Demurre r to the Seventh Cause of Action for Breach of Duty of Common Carrier, based on failure to state facts sufficient to support this cause of action, is OVERRULED. The FAC alleges that the ambulances operated by Defendants are common carriers under Civil Cod e section 2168 because they hold themselves out to the public generally and indifferently to transport people from place to place for profit. (FAC, ¶ 129.) Defendants argue that ...
2024.03.08 Motion for Summary Judgment 544
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.08
Excerpt: ...mary judgme nt, the cross -defendant has met its burden of showing that a cause of action has no merit if the cross - defendant has shown that one or more elements of the cause of action cannot be established, or that there is a complete defense to the cause of action. ( CCP §437c(p)(2).) Once the cross-defendant meets that burden, the burden shifts to the cross- complainant to show that a triable issue of one or more material facts exists as to...
2024.03.08 Motion for Judicial Reference 630
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.08
Excerpt: ... Cros s-Complainant David Espie.” (Notice of Motion for Judicial Reference at 2; the “Motion”.) In its Reply, B of A clarifies that it seeks general consensual reference of all its claims against the CPQ Defendants (CPQ LLC, Campanile, and Espie; referred to col lectively herein as CPQ), while the other cross- claims against non-CPQ Defendants will remain with the Court. The Motion is GRANTED and the original Complaint and all causes of ac...
2024.03.08 Demurrer to TAC 852
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.08
Excerpt: ...re early inve stors and shareholders, and “New Firefly,” a company which Plaintiffs allege was created by Defendants from the looted remains of Original Firefly. New Firefly's creation followed a scheme allegedly hatched by Defendants to defraud Plaintiffs and prevent them from protecting the value of their investments. The instant case (“the California action”) was stayed pending the disposition of a concurrent action which Defendants...
2024.03.08 Demurrer to FAC, Motion to Strike 871
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.08
Excerpt: ...se (Annie Sammut, Cody Sammu t, and Artichoke Joe's) filed demurrers to Plaintiff's FAC. In an Order dated 1.31.24, the Court ruled on Cody Sammut's and Artichoke Joe's demurrer. Having reviewed the briefing here, the Court finds that the issues and arguments raised are substantially the same as those raised in the prior demurrers. The Court finds no basis to diverge from its previous ruling, as further explained below. Defendant's 10 -5 -23 ...
2024.03.08 Demurrer to FAC 051
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.08
Excerpt: ... Golden Door Properties, LLC v. Superior Court (2020) 53 Cal.App.5th 733, 774.) Plaintiffs shall file and serve a Second Amended Complaint no later than March 18, 2024. As a preliminary matter, the Court notes that Defendants provided the improper addres s for the hearing. Department 24 is located at the Hall of Justice and Records, Courtroom 2F, 400 County Center, Redwood City, California 94063. (See Cal. Rules of Court, rule 3.1110 [notice “...
2024.03.07 Motion to Continue Trial Date 418
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.03.07
Excerpt: ...two weeks to thirty days, on the grounds that Defendant's counsel is unavailable for the trial due to a preceding trial in San Francisco County Superior Court and his son's planned wedding on June 29, 2024. The court finds circumstances are not excusable under Cali fornia Rules of Court, Rule 3.1332, subsection (c)(3) because Defense counsel is, in actuality, available to be present in the courtroom on the trial date. As to Defendant's making of...
2024.03.06 Petition to Confirm Arbitration Award, for Attorney Fees 099
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.06
Excerpt: ...lobal Enterp rises, Inc., et al. v. Tim Onderko, Case No. 22 -CIV -02099, and then re -filed on January 9, 2024 in Tim Onderko v. Donald Wilson, Case No. 22 -CIV -02332, is GRANTED -in -part and DENIED -in -part. Onderko's Petition to Confirm Arbitration Award is GRANTED. Ond erko's request for an award of interest on the Arbitration Award is GRANTED in the amount of $83,243.95. Onderko's request for an award of attorney's fees and costs is pri...
2024.03.06 Motion for New Trial 454
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.06
Excerpt: ...mily home fo r $9 million. Escrow closed on the house on November 7, 2013. (Final Statement of Decision, filed Jan. 9, 2024, at p. 3.) After moving in, the plaintiffs discovered numerous flaws in the home's construction. (See id., at pp. 6 -7, 10 -25.) On January 9, 2024, the Honorable Marie S. Weiner (retired) issued a final statement of decision and judgment after court trial in favor of plaintiffs, awarding them $1.2 million in damages, for...
2024.03.06 Demurrer 251
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.06
Excerpt: ...rvice of written notice of entry of this order, unless the parties stipulate otherwise. (Cal. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 472b.) Defendants Janet Wyler Griggs, Thomas S. Griggs, and Ash 1031 LLC's Demurrer to the First Amended Complaint and Motion to Strike portions of the First Amended Complaint are MOOT in light of the Court's ruling. The Court GRANTS LEAVE TO AMEND to plaintiffs Bruce K. Pederson, individually and as co...
2024.03.05 Motion for Final Approval of Class Representative Action Settlement 277
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ...itted on February 8, 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 submi tted proposed order. On August 29, 2023, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. The court stated in its tentative and ado...
2024.03.05 Motion to Compel Responses, for Monetary Sanctions 076
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ... roduction of documents (RFPs). The court GRANTS plaintiff's request for judicial notice (“RJN”). (Evid. Code, § 452, subd. (d).) However, the court only takes judicial notice that Commissioner Mau held an informal discovery conference (IDC) on December 4, 2023 and there are minutes from the IDC. As much as this court respects Commissioner Mau and the decision he makes, the statements that he or any judicial officer makes during an IDC are n...
2024.03.05 Motion to Quash Subpoena for Deposition 457
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ...notice of entry of the order. (Code Civ. Proc. § 2025.410, subd. (d).) The court GRANTS both parties' request for judicial notice, but not for the truth of the matters within the documents. A party to litigation has the right to obtain information to support hi s or her claims or defenses. That right is broad. (Code Civ. Proc. § 2017.010, Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) The right is not without limits and as Farrel...
2024.03.05 Motion to Set Aside Dismissal, Enter Judgment 129
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ... 64.6. The parties settled this case in 2021 and agreed that the court should retain jurisdiction pursuant to Code of Civil Procedure section 664.6. (Ex. 1 to the Request for Dismissal filed April 5, 2021, ¶ 11.) The parties' Stipulation states at parag raph 1 that plaintiff and defendant agree that in the event of a breach, judgment shall be entered in favor of plaintiff and against defendant in the sum of $11,840.25 plus costs of suit and pre...
2024.03.05 Motion to Stay Proceedings 492
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.03.05
Excerpt: ...ly Bil l 218 (“A.B. 218”) and became effective January 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, effect. Jan. 1, 2024.) The Dist rict previously brought a motion for judgment on the pleadings to the second amended complaint arguing that A.B. 218 was unconstitutional. The court denied this motion, finding tha...
2024.03.04 Motion to Transfer 206
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.04
Excerpt: ...l Procedure Section 397(a). As Defendants point out, Cal. Code of Civil Procedure Section 395.5 provides: A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to change the place of trial as in other cases. Pl...
2024.03.04 Demurrer, Motion to Amend Complaint 915
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.04
Excerpt: ... than ten (10) days after service of written notice of entry of the formal order. As a preliminary matter, the notice of demurrer is defective, as it fails to state “the nature of the order being sought and the grounds for issuance of the order.” (Cal. Rules of Court, rule 3.110(a).) However, the memorandum of points and authorities sufficiently sets out the information so as to provide notice to Plaintiff Safeco Ins. Co. of America (“Safec...
2024.03.04 Demurrer 034
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.04
Excerpt: ...of Au gust 31, 2023. Based on this alleged nonpayment, Plaintiff served Defendants a “Notice to Pay Rent or Quit” pursuant to CCP § 1161(2) which provides Defendants with ten days to pay the owed rent in full —or, if Defendants fail to cure the default within 10 days, compels Defendants to vacate and deliver up possession of the premises within 30 days of service of the Notice. (Ex. B to Compl.) The parties do not dispute that the tenancy ...
2024.03.01 Motion to Confirm Prevailing Party, for Expert Witness Costs, to Strike and Tax Costs 801
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.01
Excerpt: ...TENTATIVE RULING: Plaintiff's Motion for an Award of Expert Witness Costs is DENIED. Plaintiff is the prevailing party. However, for the reasons stated in granting in part Defendant's Motion to Tax Costs, which is also on this Law & Motion calendar, the P laintiff did not obtain a more favorable result than its CCP §998 offer and is therefore not entitled to these costs. Plaintiff's CCP §998 offer was $160,000. The jury's verdict was $147,119.3...
2024.03.01 Motion for Terminating Sanctions 041
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.01
Excerpt: ...o Coi t's form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. The Court also ordered that Plaintiff pay $645.00 in sanctions within 30 days of notice of the Order. Plaintiff failed to comply. In a te ntative order issued on March 24, 2023, the Court denied Coit's unopposed first motion for terminating sanctions. In a tentative order issued October 17, 2023, the Court denied without p...
2024.02.29 Demurrer, Motion to Strike 363
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.02.29
Excerpt: ...must allege facts to s how: “(1) outrageous conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.” (Yau v. Santa Margarita Ford, Inc. (2014) 229 Cal.App.4th 144, 160 –161.) Fo...
2024.02.29 Demurrer to FAC 126
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.02.29
Excerpt: ...e basis that AB 218 retroactively strips statutory governmental immunity from public entities, in violation of Article XVI, § 6 of the California Constitution, which prohibits gifts of public funds where there is no enforceable claim. The Demurrer is OVERRULED, as follow s. Each parties' requests for judicial notice are GRANTED pursuant to Cal. Evidence Code Section 452(c), (d). Standard on Demurrer In ruling on a demurrer, the Court treats it �...
2024.02.28 Motion to Compel Arbitration and Stay 802
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.02.28
Excerpt: ...ing date of February 28, 2024 by the required 16 court days, plus five additional calendar days for service by mail, as required by Code of Civil Procedure, sections 12c and 1005, subdivision (b), the final day to serve notice of this hearing by mail was Janua ry 29, 2024. “The principal purpose of the requirement to file and serve a notice of motion a specified number of days before the hearing (§ 1005, subd. (b)) is to provide the opposi...
2024.02.28 Motion for Leave to File Amended Complaint 538
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.02.28
Excerpt: ... Proce dure, section 473 provides that a court may, in its discretion and after notice to the adverse party, allow an amendment to a pleading upon any terms as may be just. (Code Civ. Proc., § 473, subd. (a)(1).) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 (Howard).) “The policy favoring amendment is so strong that it is a rare...
2024.02.27 Motion for Final Approval of Class Action and PAGA Settlement 480
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.27
Excerpt: ...itted on January 26, 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 submi tted proposed order. On August 23, 2024, the court granted preliminary approval to this class and PAGA (Private Attorney General Act) settlement. This case is the third case involving sim...
2024.02.27 Motion for Preliminary Approval of Class Action and PAGA Settlement 986
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.27
Excerpt: ...ding o f proposed orders. The court will sign the proposed order submitted on February 9, 2024 with the date of the hearing changed to February 21, the date for the final approval hearing filled in, and any other changes that are appropriate based upon this tentative. The court adopts the language in the proposed order as part of its tentative ruling. The proposed order shall be submitted electronically through the clerk's office. On January 30...
2024.02.27 Motion for Protective Order, for Monetary Sanctions 457
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.27
Excerpt: ...urt DE NIES defendant's request for judicial notice. It is unclear if the parties satisfied the requirements to have an Informal Discovery Conference, but if the requirement has not been met, the court waives the requirement since the parties have had multiple c onferences with the civil commissioner. The court notes that the parties raise several collateral issues in their briefing. In ruling on the motion, the court only considered facts rele...
2024.02.26 Motion for Summary Judgment, Adjudication 261
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.02.26
Excerpt: ...plain t is DENIED. 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 Off ice 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 notic...
2024.02.26 Demurrers to FAC, Motion to Strike 407
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.02.26
Excerpt: ... efendants Brius, LLC, Brius Management Co., Rockport Healthcare Support Services, LLC, San Mateo Wellness GP, LLC, San Mateo Healthcare & Wellness Centre, LP, Susan Ehrlich, Nora De Leon, Bryan Guillermo, Shirley Faller, Kristine Guillermo, Chester Kuna ppilly and Shlomo Rechnitz (collectively “Defendants”) to the First Amended Complaint (“FAC”) of Plaintiffs Rosario Custodio (“Rosario”), et al. (collectively “Plaintiffs”) is rul...
2024.02.26 Demurrer 493
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.02.26
Excerpt: ...ve plea ding, the pleading is OVERRULED. However, Plaintiff's Complaint on its face discloses a fatal defect which requires the Court to instead render judgment on the pleadings in favor of Defendant. Plaintiff has failed to comply with statutory notice requirem ents. “Due to the summary nature of [an unlawful detainer] action, a three -day notice is valid only if the landlord strictly complies with the provisions of section 1161, subdivision 2...
2024.02.23 Motion for Summary Adjudication 544
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.23
Excerpt: ... Relief is DENIED. The Court's tentative ruling from December 28, 2023, as modified, is restated here. The controversy involves the Opperman's October 15, 2021 application to build an Accessory Dwelling Unit ADU on their property, which cross defendants denied. The project is referred to interchangeably in the Cross- Complaint as the “ADU” and the Opperman Application.” (Cross- Complaint ¶¶7 and 19.) The Opperman's Fifth Cause of Action ...
2024.02.23 Motion for Sanctions 148
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.23
Excerpt: ...a nd DENIED IN PART. Defendants David M. Bragg and Silicon Valley Real Ventures, LLC shall pay $10,000 to Plaintiffs' counsel no later than March 8, 2024. Plaintiffs move here for terminating sanctions, monetary sanctions, and a finding of contempt with re spect to Defendants David M. Bragg and Silicon Valley Real Ventures, LLC (“SVRV”). They contend that sanctions and contempt are warranted by Bragg's and SVRV's refusal to comply with the C...
2024.02.23 Demurrer, Motion to Strike 419
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.23
Excerpt: ...s of action a gainst Stiles and second Cross -Defendant Johnson (“Johnson”). In short, the Cross- Complaint alleges that Homa held title to the Ferrari at all times, including when it was sold for $200,000.00, but was forced by the Cross -Defendants to pay $175,000 and var ious other sums of money because CrossDefendants were upset that the car had been sold. According to the Cross -Complaint, Johnson told Homa that she should pay the money t...
2024.02.23 Demurrer 949
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.23
Excerpt: ...te of Li mitations Where a complaint shows on its face that the cause of action is barred by the applicable statute of limitations, it is subject to demurrer. Sirott v. Latts (1992) 6 Cal.App.4th 923, 928. Here, the FAC alleges that Plaintiffs purchased the Subje ct Property from the Defendants on July 15, 2019. FAC ¶11. It further alleges that Plaintiffs discovered the storm drain by chance in June 2022 when they were doing landscaping on the S...
2024.02.22 Motion for Summary Judgment 499
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.02.22
Excerpt: ...� in Plaintiff's O pposition brief (pp. 1-6). OVERRULED to the extent that Defendant objects to the entirety of Plaintiff's “Statement of Facts.” However, the Court disregards any referenced “facts” or “evidence” that is/are not identified, and properly cited, in Plaintiff's Separate Statement. San Diego Watercrafts, Inc. v. Wells Fargo Bank (2002) 102 Cal.App.4th 308, 315 -316. • Objection to Plaintiff's assertion of theories not ...
2024.02.22 Motion for Attorney Fees 604
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.02.22
Excerpt: ...ked merit and that Defendant is entitled to recover attorneys' fees and costs as a prevailing party in the amount of $38,265.26. For the reasons set forth below, Defendant's motion is DENIED. Defendant sets forth a litany of inconsistencies in Plaintiff's testimo ny, and argues that Plaintiff is a serial litigant whose counsel has brought high numbers of meritless claims against businesses, seeking a payout for ADA and Unruh Act violations withou...
2024.02.22 Demurrer 634
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.02.22
Excerpt: ... S ani alleges that on or about 2022 a[n] oral agreement was made between Plaintiff, Monney Car Audio, and ISSIMI MECCANICA INC. The essential terms of the agreement are as follows: Plaintiff entered into an oral contract with Defendants Monney Car Audio and ISSIMI MECCAHNICA INC for installation of a rearview camera, radar, recording camera, and side signals to address visibility concerns unique to his 2020 Lamborghini SVJ ("vehicle") in...
2024.02.21 Demurrer to FAC, Motion to Strike 266
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.02.21
Excerpt: ...D. Initial ly, the court notes that defendant Owl, Inc. (Owl) has provided the incorrect address for the hearing. Department 28 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Courtroom I, 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].) As another preliminary matter, the declaration submitted by Owl is insu...
2024.02.21 Motion for Trial Preference 303
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.02.21
Excerpt: ...is o ver 70 years of age may petition the court for a preference, which the court shall grant if the court finds both that the party has a substantial interest in the action as a whole, and that the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Section 36, subdivision (a) “is mandatory and absolute in its application in civil cases whenever the litigants are 70 yea...
2024.02.21 Motion to Stay Action 378
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.02.21
Excerpt: ...hip o f, and benefits flowing from, six real properties in Hayward, California. On January 10, 2023, defendant/cross- complainant Ashwani Kumar Bhakri (defendant) filed a cross -complaint alleging, inter alia, promissory fraud and breach of written contract, argu ing an alternative version of facts in which the two oral contracts alleged in the FAC never existed, and that the parties never entered into the fiduciary relationship which forms t...
2024.02.16 Motion to Set Aside Default Judgment 199
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.16
Excerpt: ...pe r annum of $28,554.79, and costs of $1,383.85 for a total award of $54,938.64. (Aug. 11, 2023 Default Judgment.) Schreiner moves here to set aside and vacate that judgment or to strike the prejudgment interest portion of it. Defendant contends that the aw ard of interest was improper under subdivision (a) of Civil Code §3287, which entitles a prevailing party to prejudgment interest on damages that are certain. (C.C. §3287(a).) However, as P...
2024.02.16 Motion to Compel Responses, for Terminating Sanctions 388
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.16
Excerpt: ...ndant' s Request for Production of Documents (“RFPs”), Set One (the “Motions”). These are the fourth and fifth discovery motions brought by Defendant and Plaintiff has already been sanctioned $18,005.40, none of which has been paid. Defendant's Motions and requ est for terminating sanctions are GRANTED and the matter is ordered DISMISSED with prejudice. The proof of service (“POS”) for the Motions indicates they were sent to Plaintif...
2024.02.16 Motion for Summary Judgment, Adjudication 395
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.16
Excerpt: ...wers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” Under Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, the party moving for summary judgment has the burden of production to make a prima facie showing that there is no triable issue of any material fact. The burden then shifts to the nonmoving party to make a prima facie showing that there is a triable issue of material fact. Here, t...
2024.02.16 Demurrer to FAC 949
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.16
Excerpt: ..., inter a lia, the following causes of action (“COAs”) against Grove: private nuisance under Civil Code § 3479, trespass under Civil Code § 3334, negligence, injunctive relief, and violation of Bus. & Prof. Code § 7000. Defendant's demurrer is SUSTAINED -IN -PART wit hout leave to amend OVERRULED -IN -PA R T. A demurrer tests the legal sufficiency of the pleadings, raising issues of law but not fact regarding the form or content of the opp...
2024.02.16 Demurrer to FAC 181
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.16
Excerpt: ...are reason ably subject to dispute by CCSF and irrelevant. (Evid. C. §452(h); AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 [“a court must decline to take judicial notice of material that is not relevant”] (internal citation omitted).) Accordingly, the Court has not considered Plaintiffs' extrinsic evidence. (See Ion Equipment Corporation v. Nelson (1980) 110 Cal.App.3d 868.) This case is brought by Plaintiff...
2024.02.16 Demurrer 597
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.16
Excerpt: ... 430.10 CALIF. RULE OF CT., RULE 3.1320] TENTATIVE RULING: Defendants Wayne Podesta's, Gary Podesta, Jr.'s; and Podesta Family Investments II, LLC's (collectively, “Defendants”) 11 -7 -23 Demurrer to Plaintiffs' 9 -21 -23 First Amended Complaint (FAC) is SU STA INED-IN -PART without leave to amend and OVERRULED -INPART. Defendants' 11 -7 -23 Request for Judicial Notice (RJN) is GRANTED as follows: As to the document(s) filed in prior court p...
2024.02.15 Motion to Compel Mental Exam 706
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.02.15
Excerpt: ...tain discovery … by means of a … mental examination of (1) a party to the action, … in any action in which the mental [] condition … of that party or other person is in controversy in the action. (Code Civ. Proc. Sect. 2032.020(a).) Here, Plaintiff has placed his ment al condition in controversy. Plaintiff claims to suffer from “depression, anxiety, hopelessness, decreased energy and sleep disturbance” as a result of the incident in S...
2024.02.13 Motion for Award of Attorney Fees 791
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.13
Excerpt: ...nce Þnding that the declaration o Marc D. Bender provides a oundation or his expertise o opining on the reasonableness o ees, his criticisms are relevant and there is su¯icient oundation or his opinions. The act that he does not have personal knowledge is irrelevant to his opinions. The court considers his declaration in the context o its own knowledge o the acts o this case. Deendants contend that the attorneys' ees provision d...
2024.02.13 Demurrer to FACC, Motion for Partition by Sale 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.13
Excerpt: ...plainant Bernice Turner's operative First Amended Cross-Complaint (“FACC”) alleges three causes of action against Cross-Defendants, including Cross-Defendant Mortgage Lender Services, Inc. (“MLS”): (1) negligent misrepresentation, (2) negligence, and (3) unfair business practices. MLS demurs to all three causes of action on grounds of failure to state a claim. A demurrer tests the legal su¯iciency of the pleadings, raising issues of law...
2024.02.13 Demurrer 426
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.13
Excerpt: ...ition for Writ of Mandate of Plainti¯/Petitioner City of Millbrae (“Millbrae”) is ruled on as follows: In making this ruling, the Court has also reviewed the response Þled on behalf of Interested Party Yes In My Back Yard. Demurrer to the Fourth Cause of Action for Injunctive Relief is SUSTAINED WITHOUT LEAVE TO AMEND. As the Court previously found in denying Millbrae's request for a preliminary injunction, Millbrae's lawsuit is a validati...

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