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2023.10.30 Motion for Summary Judgment 702
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.30
Excerpt: ...e absence of any extrinsic evidence, the Court may "determine the parties' intentions as disclosed by the lease itself, looking at the plain language" of the contract, "viewed within the lease as a whole." (Frittelli, Inc. v. 350 N. Canon Drive, LP (2011) 202 Cal.App.4th 35, 44.) Although Paragraph 9 is titled "Indemnification of Lessor" and includes language of indemnification, the first sentence of Paragraph 9 is tantamount to an exculpatory cl...
2023.10.30 Demurrer 473
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.30
Excerpt: ...tes that Defendant's counsel's meet and confer declaration states that the parties met and conferred via email. (Schultz Decl., '1 2.) However, CCP S 430.41 requires the parties to meet and confer "in person or by telephone." Any subsequent failure to file a meet and confer declaration will result in the matter being ordered off calendar. Defendant demurs to Plaintiff's Third Cause of Acton for Breach of Implied Warranties of Fitness and Merchant...
2023.10.27 Motion for Sanctions 494
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.27
Excerpt: ...ntiff") moves the Court to impose a nonmonetary sanction under CCP S 128.7 by striking the eight affirmative defenses put forth in Defendant Ampex Engineering and Construction Inc. ("Ampex" or "Defendant"). According to Plaintiff, the sanctions are warranted because Defendant's affirmative defenses are meritless and insuffciently supported by legal or factual argument and evidentiary support. A CCP S 128.7 motion involves strict adherence to a tw...
2023.10.27 Demurrer to Amended Complaint 444
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.27
Excerpt: ... person or by telephone. See Cal. Code of Civ. Proc. Section 430.41. The Court, in its discretion, has ruled on the merits of the Demurrer. In future, any demurrer that is not supported by a code compliant meet and confer declaration may be ordered off calendar until a compliant declaration is filed. Defendant contends that Plaintiff's Opposition was untimely served. Reply 1:19-25. While the Opposition was timely filed, it was served via regular ...
2023.10.25 Motion to Vacate Demurrer on SAC 168
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.25
Excerpt: ...or Plaintiff in July 27, 2023. Although Jones presented evidence that she was on maternity leave from March 28, 2023 to June 26, 2023, there is no valid excuse or explanation from the other two attorneys as to why they did not take action on behalf of Plaintiff. Indeed, Plaintiff's counsel were able to promptly file and serve the Second Amended Complaint on April 21, 2023 in the midst of Jones' maternity leave. It is further puzzling, because the...
2023.10.25 Demurrer, Motion to Strike 500
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.25
Excerpt: ...ended Complaint for the fifth cause of action. Defendant's Demurrer to the fifth cause of action to the extent that it claims fraudulent concealment of a defective battery know to be defective at the tme of sale of the vehicle is SUSTAINED WITH LEAVE TO AMEND. Contrary to the Code of Civil Procedure, Plaintiff fails to s#cifically allege the amount of damages claimed under this cause of achon for fraud. Further, Plaintiff fails to identify a sing...
2023.10.24 Petition for Writ of Mandate 305
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.24
Excerpt: ...NG: Joel Drotts brings this petition for writ of mandate requesting that this court order the Department of Motor Vehicles (DMV) to cease applying Vehicle Code section 13352, subdivision (hereinafter all statutory references are to the Vehicle Code) in an arbitrary and capricious manner found to violate his right to equal protection under the law in accordance with Code of Civil Procedure section 1085. (Amended Opening Brief and Pleading for Writ...
2023.10.24 Motion for Summary Judgment, Adjudication 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.24
Excerpt: .... This court must: (1) "identify the issues framed by the pleadings because the court's sole function on a motion for summary judgment is to determine from the submitted evidence whether there is a 'triable issue as to any material fact;' " (2) determine whether the moving party has met its statutory burden of proof under Code of Civil Procedure section 437c, subdivision (o); if the moving party has met statutory burden of proof, determine whethe...
2023.10.24 Motion for Final Approval of Class Action Settlement 057
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.24
Excerpt: ...worked in California for Defendant Sutter Bay Hospitals between July 20, 2015 and January 31, 2023. On April 25, 2023, this court gave preliminary approval to the class and PAGA settlement plaintiffs and defendant. As set forth in the Declaration of Cassandra Polites on behalf of the claims administrator, Ilym Group, Inc. (Ilym), on July 21, 2023, in accordance with the preliminary approval order, Ilyrn mailed out the approved class notices to 22...
2023.10.24 Joint Motion for Reconsideration 188
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.24
Excerpt: ...inds that the motion was timely filed. A motion for reconsideration generally must be brought "within 10 days after service upon the party of written notice of entry of the order..." (Code of Civ. Proc., S 1008 subd. (a).) The notice of entry of order was served by email on September 15, 2023 and the moton was filed on September 27, 2023, making the motion timely when adding the two days for the electronic service. The court denies the motion for...
2023.10.23 Demurrer to FAC 907
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.23
Excerpt: ...r Judicial Notice (RJN) is GRAN ED. (Evid. Code Sect. 452(c).) Background. Plaintiff's 11-17-22 FAC alleges that Plaintiff Mboma started working as an for Defendant DPR Constructon in 2020. Plaintiff alleges that Defendants discriminated against her due to her race/national origin and her pregnancy/sex, that Defendants harassed and retaliated against her, and ultmately terminated her. Plaintiff's FAC asserted 20 total causes of action, six (6) of...
2023.10.20 Motion for Summary Adjudication 494
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...uction Inc. ("Ampex" or "Defendant") is an employer required under the California Labor Code to carry workers' compensation insurance. According to the Complaint, Defendant obtained this coverage from State Compensation Insurance Fund ("SCIF") but failed to pay the amounts requested on SCIF's "premium bills" or "final audit statements" covering the period of June 6, 2016 to November 26, 2018. SCIF sent three "premium bills" to Ampex: a bill for $...
2023.10.20 Demurrer, Motion to Seal, to Further Seal 924
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...(FAC) does not relate back to the filing of the original complaint because the FAC is based on a primary right different from the one pleaded in the original complaint. The argument is unpersuasive. Relevant to this demurrer, Defendant makes two (1) Entwio, which contains the antibody vedolizumab, which binds to a protein identified as a4ß7 and (2) a product (unnamed in the pleadings) that contains an antibody that binds to a protein identified ...
2023.10.20 Motion to Quash Subpoenas 798
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...e had an Informal Discovery Conference ("IDC") with the Court. Here, no IDC was conducted in this action prior to Plaintiff's August 7, 2023 Motion to Quash. The Motion is subject to denial for this reason, as well as on its merits. Medical Records Subpoena Defendant's medical records subpoenas seek medical records including: All written and electronic medical documents pertaining to the history, care, treatment and/or examination of Wisam Ibrahi...
2023.10.20 Motion for Summary Adjudication 508
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...tion of this claim alleged in his First Amended Cross-complaint. A crosscomplainant meets his or her burden of showing there is no defense to a cause of action if that party proves each element of the cause of action entitling the party to judgment on the cause of action. Civ. Proc. S 437c(p)(1).) Once the cross-complainant meets that burden, the burden shifts to the cross- defendant to show that a triable issue of one or more material facts exis...
2023.10.20 Motion for Summary Judgment 140
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...how that (1) the plaintiff was in actual peaceful possession of the premises at the time of the entry; (2) a forcible entry has ucurred: i.e„ either that the entry was nonconsensual or not pursuant to "orderly legal pruess;" (3) plaintiff was deprived of possession either by the unlawful entry or by separate conduct; and (4) plaintiff is seeking to ræover possession. (Cal. Prac. Guide Landlord-Tenant Ch. 7-A, S 7:18, et seq.) The declarations ...
2023.10.19 Motion to Strike FAC 214
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...ures LLC v. Kings Mountain Road LLC et al. (23-CIV-02211), and Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23-ClV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23-ClV-02214) Defendant moves to strike certain portions of Plaintiffs' operat...
2023.10.19 Motion to Strike FAC 211
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...erty Ventures LLC v. Kings Mountain Road LLC et al. (23-CIV- 02211), and Zambezi Creek Road LLCv. Kings Mountain Road LLC et al. (23-ClV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Woodside Property Ventures LLC v. Kings Mountain Road LLC et al. (23-ClV-02211) Defendant moves to strike certain portions of P...
2023.10.19 Motion to Strike FAC 210
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...t al. (23-ClV-02210), Woodside Property Ventures LLC v. Kings Mountain Road LLC et al. (23-ClV-02211), and Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23- CIV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Emygd-us Holdings, LLC, et al. v. Kings Mountain Road LLC, et al. (23-ClV-02210) Defendant ...
2023.10.19 Motion for Trial Preferences and Excuse from IDC Program 004
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...a preference to a petitioning party over age 70 when it finds that (1) the party has a substantial interest in the action as a whole and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. A motion for preference need only be supported by an affidavit "signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis a...
2023.10.19 Motion for Summary Judgment, Adjudication 813
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...s GRANTED in part and DENIED in part as set forth below. Defendant West Bay Sanitary District's Request for Judicial Notice is GRANTED as to all items. Defendant West Bay Sanitary District's Objections to the Declaration of Richard Li are OVERRULED as to all items. Defendant West Bay Sanitary District ("WBSD") moves here for summary adjudication of the second through fifth causes of action as set forth in the Second Amended Complaint (the "SAC")....
2023.10.18 Motion to Compel Responses 173
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.18
Excerpt: ...NISTRATIVE SERVICES LLC for residents at BURLINGAME HEALTH CARE CENTER during the time period that Ms. CYNTHIA JENNINGS was a resident at BURLINGAME HEALTH CARE CENTER. No. 22: All "review tool" manuals from which ROCKPORT ADMINISTRATIVE SERVICES LLC will any e-mail "load files" in response to the discovery requests in this First Set of Requests for Production. As part of the meet and confer process, Plaintiffs stated that they were amenable to t...
2023.10.18 Demurrer to Complaint 235
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.18
Excerpt: ...d Telios. Plaintiff's Complaint does not provide details on the relationship between her and Telios, but merely lumps Kartos and Telios together at the beginning of the Complaint as Defendants or collectively, "the Company." Plaintiff's Complaint does not allege that she entered into a contract of any kind with Telios, and the attached offer letter is only on behalf of Kartos and signed by Kartos offcers. In regard to the demurrer of Kartos, alth...
2023.10.17 Demurrer, Motion to Strike 683
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.17
Excerpt: ...lists the incorrect address for the Court. (Sep. 13, 2023 Notice of Demurrer, p. 2.) The address for Department 4 is 800 North Humboldt Street, San Mateo, California 94401. The First Amended Complaint (the "FAC") asserts ten causes of action against Fidel and Guadalupe regarding a dispute over ownership to a mobile home situated at Space 11 of 250 San Mateo Road in Half Moon Bay (the "Property"). Fidel and Guadalupe here demur to each of these ca...
2023.10.17 Motion for Judgment on the Pleadings 439
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.17
Excerpt: ...led a declaration pursuant to Code of Civil Prmædure section 439 attesting to a proper meet and confer prior to the filing of this Motion. In the Court's discretion, the Court has chosen to overlook this procedural defect in this instance. Defendant is cautioned and reminded, however, to strictly comply with all court rules and meet and confer requirements going forward. This case is related to Case No. 23ClV02234, captioned PNC Bank N.A. v. Yin...
2023.10.17 Motion to Compel Further Responses, for Monetary Sanctions, OSC Re Contempt 555
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.17
Excerpt: ...ument requests on plaintiff. On August 26, 2022, she and on November 15, 2022, she filed amended response. Efforts at informal resolution between the parties, but without an Informal Discovery Conference, failed necessitating this motion, which was filed on January 31, 2023. The motion is untimely because it was not brought within 45 days of the services of the verified amended responses. "Unless notice of this motion is given within 45 days of t...
2023.10.16 Motion to Set Aside and Vacate Judgment 282
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.16
Excerpt: ...nt"). Plaintiff Jose David Sanchez, a former employee of Defendant, initially brought a complaint to the Labor Commissioner. The Labor Commissioner is empowered to hold administrative "Berman" hearings to provide an ex#ditious and less costly means to adjudicate wage claims. (Lolley v. Campbell (2CM) 28 Cal.4th 367, 372-373.) The parties settled the claim and agreed that Defendant would pay Plaintiff (via the Labor Commissioner) settlement sums a...
2023.10.16 Motion to Compel Further Responses, for Sanctions 643
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.16
Excerpt: ... DENIED without prejudice. A motion for an order compelling further responses to interrogatories must file a meet and confer declaration that states "facts showing a reasonable and faith attempt at an informal resolution of each issue presented by the motion." of Civ. Proc., S 2015.010; see id., at S 2030.300, subd. he purpose of these statutory requirements is to make civil discovery self-executing, without the need for judicial intervention. (T...
2023.10.16 Demurrer, Motion to Strike 075
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.16
Excerpt: ...he ground of fraud or mistake. Cal. Code of Civil Procedure Section 338(d). Plaintiff's cause of action for fraud is based on events that took place from July to September of 2017. Complaint, 99, 16. This action was filed more than three years later, on September 20, 2021. This cause of action is therefore time-barred on the face of the Complaint, and the Demurrer is SUSTAINED on this basis. Defendant additionally argues that the Complaint fails ...
2023.10.16 Demurrer 365
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.16
Excerpt: ...econd, and Eighth Causes of Action, arguing that they do not sufficiently state a cause of action. The Court finds that these three claims are adequately pled at the pleading stage, for the reasons stated below. Legal standard. A demurrer is used to challenge defects that appear on the face of the pleading, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer assumes all fact...
2023.10.16 Demurrer 313
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.16
Excerpt: ...z, Rebecca Yuhasz, Chase Yuhasz and Max Yuhasz (collectively "Plaintiffs") is OVERRULED. The FAC alleges a single cause of action for Declaratory Relief. Plaintiffs allege that an actual controversy exists between Plaintiffs and Defendants regarding the amount of attorneys' fees and costs, if any, to which Defendants are entitled to Plaintiffs' recovery from the Fire Victim Trust. (FAC 33.) Defendants claim they are entitled to the entire contrac...
2023.10.12 Petition for Relief Re Business Records Subpoena 557
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.12
Excerpt: ...ta Platforms, Inc. shall produce the records identified in the subpoena no later than fifteen (15) days after service of written notice of the formal order. Petitioner Daniel Golenda here seeks to enforce a domesticated subpoena duces tecum served on Respondent Meta Platforms, Inc. ("Meta") on June 29, 2023. The subpoena asks for business records circumscribed to those that may be used to identify the anonymous defendant of a pending acton filed ...
2023.10.12 Motion to Compel Responses, for Sanctions 460
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.12
Excerpt: ...Against Defendant Vital Restoration and Counsel," filed Aug. 8, 2023, is GRANTED-IN-PART and DENIED-IN-PART, as set forth below. Plaintiff's Aug. 8, 2023 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d).) All objections are waived; the right to respond to Interrogatories by producing documents is also waived. As set forth in the supporting Klapperich declarations and attached exhibits, Defendant failed to serve timely responses to...
2023.10.12 Demurrer 369
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.12
Excerpt: ...tatus (eighth), disability (ninth), and 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 environment." (MPA, p.l.) According to Defendant, "In the absence of any after three opportunities to save her claims...
2023.10.12 Demurrer 311
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.12
Excerpt: ...n in propria persona. CCP S 391.7(a). In support of his demurrer, Defendant attaches to a declaration the following: a copy of the vexatous litigants list which includes an entry for "Leslie Fields" with no middle initial, an excerpt from the docket from a San Bernardino County case, Madrigal v. Fields, Case No. SCVSS 111685 ("the San Bernardino County case") which contains a notation for "Prefiling Order — Vexatious Litigant" on January 9, 201...
2023.10.11 Demurrer 489
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.11
Excerpt: ...njunctive relief, and the sixth cause of action for declaratory relief. Defendant's Demurrer to the Complaint as to the third cause of action for an accounting is SUSTAINED WITH LEAVE TO AMEND. An action for accounting lies when the complainant sues for recovery of an unascertained amount that cannot be determined without an accounting. (St. James Church v. Superior Court (1955) 135 Cal.App.2d 352, 259.) The third cause of action is based on the ...
2023.10.11 Motion for Distribution of Interpleader Funds 700
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.11
Excerpt: ...ut by CCP S 386 and relevant caselaw. As an initial matter, this motion lacks a proof of service as required by California Rules of Court Rule 3.1300(a), and therefore there is no indication that any party to this action received requisite notice. The Court previously noted this omission when denying Plaintiff's previous motion to distribute interpleader funds. A proof of service is a basic requirement of any motion, and Plaintiff's moton can be ...
2023.10.11 Motion for Leave to Amend Answer 809
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.11
Excerpt: ... this Defendant, on a case that has been pending for years, and after discovery concluded, and after motions for summary judgment were heard. No gtnd cause is given for the delay. Further, the affirmative defense fails to state a viable defense, as it is evident from the motion that the Floating Home Residential Law does not apply to Docktown Marina. Defendant asserts that evidence has been obtained showing that 8 slips at Docktown Marina had sho...
2023.10.11 Motion to Tax Costs 220
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.11
Excerpt: ...imple collection case seeking an unpaid portion of a loan for approximately $11,Cü3. Plaintiff seeks $5,495.65 in costs follow-ng entry of judgment in their favor. Defendant seeks to tax $4,648.15 in costs. These costs solely pertain to two writs of attachment—an original writ and an amended writ—which Plaintiff sought following Defendant's request of a trial de novo. A prevailing party is entitled to certain costs as a matter of right. CAL....
2023.10.10 Pitchess Motion 397
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...closure of otherwise protected personnel and other files of police officers, if certain statutory provisions are satisfied. California Evidence Code secton 1043 et seq. govern such motons and provide the only mechanism for obtaining, in either criminal or civil proceedings, material made confidential by Penal Code section 832.5. Section 1043, subdivision (b) requires that the motion include: (1) identification of the proceeding, the party seeking...
2023.10.10 Motion to Unseal 457
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...is no real prejudice based upon the late filing and based upon plaintiff's explanation, the court has considered the opposition. Defendant has filed a motion to unseal. No specific documents are identified.. Thus, the court assumes that defendant seeks to unseal all documents in the court file which have been sealed. On June 7, 2023, the court heard a motion to modify the protective order, which raised similar issues to the issues raised here. Th...
2023.10.10 Motion to Set Aside Entry of Default 272
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...tements made in plaintiffs' opposition at page 7 as there is no citation to the any evidence; therefore the court finds that Defendant's Objections to Evidence are moot. On July 17, 2023, plaintiffs filed their complaint and on July 27, 2023 served defendant Manal Elghandour. On August 29, 2023, plaintiffs requested entry of default against this defendant. On September 5, 2023, defendant moved for relief from default. The court in exercising its ...
2023.10.10 Motion to Modify Preliminary Injunction, for Monetary Sanctions 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...ved quickly based upon plaintiffs' representations. The oneyear rental seemed reasonable at the time to balance the parties' rights. Two years later, the case is still not at issue. The same reasons that the court granted Lei's original right to lease the property support the continuaton of this modification. The court denies both parties' request for sanctions. Plaintiffs have always taken the position that the court should not have granted the ...
2023.10.10 Motion to Consolidate Related Case 254
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...plaintiffs' counsel represents the plaintiffs in both cases and it appears that all defendants who have been served, appeared and not dismissed received notice of this motion. If true, the court finds that the failure to file the notice in both cases has caused no prejudice and the procedural defect will be overlooked by the court. Plaintiff is to file by 11: a.m. on October 10, 2023 and email Department 4 and all the parties, a list of all parti...
2023.10.10 Motion for Summary Judgment 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ... threshold matter, the Court finds that the Complaint is the operative pleading. The Complaint alleges one cause of action for motor vehicle negligence against Defendant Brayan Florian Perez ("Defendant"). On November 4, 2020, the Court granted Plaintiff leave to file a First Amended Complaint to add a punitive damages claim against Defendant. (See November 4, 2020 Minute Order.) The Court also denied without prejudice Plaintiff's Motion for Leav...
2023.10.10 Motion for Judgment on the Pleadings 492
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...trict high school. (See San Mateo Union High School District v. Educational Testing services (N.D. cal., Aug. 30, 2013, No. C 13-3660 saA) 2013 WL 4711611.) For the reasons stated below the court DENIES defendant San Mateo Union High School District's (District) Motion for Judgment on the Pleadings, filed Aug. 18, 2023, directed to Plaintiff's November 8, 2022 Second Amended Complaint (SAC). The court grants defendant's request for judicial Notic...
2023.10.10 Demurrer to SAC 172
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...tte Sun Group, LLC's and Evan Haskell's Demurrer to Plaintiff TGA Franklin F299 LLC's First Amended complaint is SUSTAINED WITH LEAVE TO AMEND as discussed below. Plaintiff TGA Franklin F299 LLC is to file a Third Amended Complaint no later than ten (10) days after service of written notice of the Court's ruling. PlaintiffTGA Franklin F299 LLC's Request for Judicial Notce is DENIED as irrelevant. (Licudine v. Cedars-Sinai Medical Center (2016) 3 ...
2023.10.09 Motion to Compel Expert Communications 290
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.09
Excerpt: ...Mayer communicated with his attorney concerning Plaintiff Mayer's expert testimony. Any privilege that existed between Plaintiff Mayer and his attorney as to communications regarding expert testimony was waived when Plaintiff Mayer testified as an expert at his deposition. Plaintiff has already agreed to produce such documents but stated that none exist. (Mayer Deposition, attached as Exhibit G to Moving Declaration of Varnica.) The motion is DEN...
2023.10.09 Motion for Leave to File Amended Complaint 905
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.09
Excerpt: ...the Court sustained Defendant's Demurrer to Plaintiffs Third Amended Complaint, in part, with respect to the second, third, fourth, fifth, and sixth causes of acton therein, without leave to amend at that time because leave to allege those causes of action was not within the scope of the leave to amend permitted by the Court's December 9, 2022 Order. The denial of leave to amend on July 10, 2023 was issued without prejudice to granting leave to a...
2023.10.09 Demurrer to FAC 259
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.09
Excerpt: ...ich are directed to the FAC'S Third Cause of Acton, which asserts a claim for "foreclosure of mechanic's lien." As explained below, the Court finds that these arguments are not grounds for a demurrer. Defendant Rose's unopposed Request for Judicial Notice, filed 4-25-23, is GRANTED as to Ex. 1 (Evid. Code Sect. 452(d)), and GRANTED as to Ex. 2. (Evid. Code Sect. 452(h).) As to the USPS website page, the Court takes judicial notice of the contents...
2023.10.05 OSC Re Contempt, Request for Sanctions 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.05
Excerpt: ...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" l; San Mateo County Superior Court Local Rule 3.3 [same].) "Rules of Cour...
2023.10.05 Demurrer 548
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.05
Excerpt: ...42 U.S.C. 1983 Monell Liability for False Arrest in Plaintiff Chris Tagunicar's ("Plaintiff") Amended Complaint is ruled on as follows: (1) Plaintiff claims in opposition that his attorney has abandoned him and that he does not have a paid subscription for legal doctrines that he can use to support his opposition. (Plaintiff's Opposition, p.l.) However, at all times in this action, Plaintiff has represented himself in propria persona. Furthermore...
2023.10.04 Demurrer to SAP 738
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.04
Excerpt: ...UT LEAVE TO AMEND, on the basis that all claims are time-barred. All other grounds for Demurrer are thus MOOT. Respondents' 8-21-23 Request for Judicial Notice is GRANTED. In 2020, Petitioner Thomas Nussbaum filed a Petton for Writ against these same Respondents in the Alameda County Superior Court, challenging Respondents' calculation of his deceased mother's (Evelyn Clayton Nussbaum's) Medi-Cal benefits/eligibility. In April 2021, the Alameda C...
2023.10.04 Motion for Attorney Fees 220
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.04
Excerpt: ... Memorandum of Costs and a motion to tax costs is pending hearing. This is a simple collection case seeking an unpaid portion of a loan for approximately $11,000. By this motion, Plaintiff seeks a staggering award of $63,223.50 in attorneys' fees. Plaintiff's counsel billed 118.90 hours for a lodestar of $56, 673.50, plus seeks an additional 10 hours for this fee motion. Although pursuant to contract and Civil Code section 1717, Plaintiff as prev...
2023.10.03 Motion to Strike Punitive Damages, for Attorney Fees, Demurrer 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.03
Excerpt: ...ddress. As another preliminary matter, the Court directs Counsel for both parties to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (Cal. Rules of Court, 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 brie...
2023.10.03 Motion to Seal 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.03
Excerpt: ...skovitz in Support of Plaintiff Steven Herskovitz's Opposition to Motion for Summary Judgment or Summary Adjudication in the Alternative; Exhibits 12-14 of the Declaration of Jonathan Yank in Support of Plaintiff Steven Herskovitz's Opposition to Motion for Summary Judgment or Summary Adjudication in the Alternative; Paragraphs 8-12 and Exhibits 10 and 11 to the Declaration of Palmer Morrel-Samuels in Support of Plaintiff Steven Herskovitz's Oppo...
2023.10.03 Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class 787
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.03
Excerpt: ...class members of "all persons who had background checks performed in connection with an application for employment with Defendant The Salvation Army between November 2, 2018 and May 17, 2021," with certain exceptions, and propose as part of the administration the "posting of a one- page summary of the Settlement Notice in a public location in each of its thrift stores." (Setareh Dec., Ex. 1, 12, 42(d) ("Settlement Agreement").) The class appears ...
2023.10.03 Demurrer 021
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.03
Excerpt: ...rez demurrer is made on the grounds of uncertainty. (See Code of Civ. Proc., S 430.10, subd. (f).) The sole basis for the claimed uncertainty in the Complaint is a discrepancy between the amount of rent due stated in the notice to pay or quit— attached to the Complaint as exhibit a—and another notice purportedly served on Miranda and Perez three days earlier. (See Aug. 17, 2023 Complaint, exh. B; Aug. 29, 2023 Memorandum of Points & Authoriti...
2023.10.02 Demurrer to Amended Complaint 290
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.02
Excerpt: ...THOUT LEAVE TO AMEND and OVERRULED IN PART. Defendants Marianne Onate and Emmanuel Onate shall file their answer(s) no later than ten (10) days after entry of this order. Defendants Marianne Onate's and Emmanuel Onate's Request for Judicial Notice is GRANTED. Plaintiffs Proud Thai Massage LLC's and Alexander Mayer's Request for Judicial Notice is GRANTED. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND, with respect to the First through Eighth C...
2023.10.02 Demurrer 915
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.02
Excerpt: ...eclaration in Defendant's demurrer filed March 24, 2023. However, because a failure to meet and confer is not grounds to sustain or overrule a demurrer, the Court proceeds to the merits of the motion. In this subrogation action, Plaintiff alleges that Defendant negligently provided professional plumbing services to Plaintiff's insured. The Complaint contains two causes of action: negligence and breach of implied warranty. Defendant demurs on vari...
2023.09.29 Motion to Strike, Demurrer 148
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.29
Excerpt: ...LLC, PHIL STOKER, DIANE STOKER, SCOTT O'NEIL, AND DALE HUISH TENTATIVE RULING: For the reasons stated below, Defendants' Motion to Strike Punitve Damages, filed Aug. 25, 2023, which seeks to strike the punitive damages allegations in Plaintiffs' June 30, 2023 Second Amended Complaint (SAC), is DENIED. Code Civ. Proc. Sect. 435, 435. To be clear, the SAC asserts claims against a long list of defendants, generally referred to by the parties as the ...
2023.09.29 Motion for Attorney Fees 530
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.29
Excerpt: ...ts tentative ruling granting the motion in part. (Jul. 7, 2023 Minute Order.) The Court ordered a sentence stricken from the Complain, as the sentence constituted an attempt to base a claim for injunctive relief on Stiles' and Johnsons' service of an eviction notice—which is protected activity. (Aug. 22, 2023 Order, pp. 3—4.) The remainder of the cause of action, comprising valid claims for injunctive relief based on non-protected activity, w...
2023.09.28 Motion for Summary Judgment 972
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.09.28
Excerpt: ...all or may be taken." Under Aguilar v. Atlantic Richfield (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. Cal. Code of Civil Procedure Secton 1161a(b) provides in relevant part that a person who holds ...
2023.09.26 Demurrer to FAC 053
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.26
Excerpt: ...eet, San Mateo, CA 94401. Zoom appearances are allowed. The Court overrules the demurrer filed by Defendant Maiden Stone, Inc. as to the first, sixth, and seventh causes of action. A. First Cause of Action (Breach of Express Warranty) Plaintiffs' express warranty claim is based on Exhibit 1, which is Maiden Stone's product detail sheet. On its face, Exhibit 1 is not a typical express warranty. Express warranties, however, can be created by "Any d...
2023.09.26 Demurrer 082
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.26
Excerpt: ...on, and judgments—but cannot take judicial notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or statements of fact. (Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7. ) In this case, plaintiff sued defendant in federal court. The district court granted defendant's motion to dismiss (DCR Workforce, Inc. v. Coupa software Inc. (N.D. cal., Oct. 13, 2021, No. 21-CV06066-EMC) 2...
2023.09.26 Motion to Quash Service of Summons 258
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.26
Excerpt: ...s Mohon to Quash Service of Summons for Lack of Personal Jurisdiction is GRANTED. Plaintiff E.W.'s request for a continuance to conduct jurisdictional discovery is DENIED. Plaintiff E.W!s Requests for Judicial Notice is GRANTED. However, the Court notes that there are evidentiary issues with the documents. Since even if the Court accepts the truth of the matter in the documents, the Court denies the motion, the Court does not focus on the technic...
2023.09.26 Motion for Summary Judgment, Adjudication 452
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.26
Excerpt: ...Grytsayenko ("Lyudmyla") and Yuriy Grytsayenko ("Yuriy") (also collectively "Plaintiffs") is DENIED for the reasons set forth below. The Complaint alleges claims for General Negligence and Premises Liability. (McCann Decl., Exh. A.) Plaintiffs claim that Lyudmyla was forced to walk toward metal cross-bracers that were a part of scaffolding with no padding or warning tape in place, and hit her head against the low-placed, unprotected metal cross-b...
2023.09.26 Motion to Compel Arbitration, Strike Class Claims, and Strike PAGA Claims 570
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.26
Excerpt: ... has not met its initial burden and proved by a preponderance of evidence that an arbitration agreement with class action waiver provision was entered into by the parties. (Knight, Cal. Prac. Guide: Alt. Disp. Res. (Rutter, Dec. 2022 Update) 5:320.) The Court finds Defendant has not demonstrated that Plaintiff agreed to arbitration because of inconsistencies in the documents and procedures for the onboarding process. Defendant uses "the online pl...
2023.09.25 Motion to Release Mechanic's Lien 026
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.09.25
Excerpt: ...otion for Order to Release Plaintiff and Crossdefendant Mavericks Builders' Mechanics Lien and Expunge Lis Pendens is GRANTED for the reasons set forth below. Defendants, Cross-complainants, and Cross-defendants Ryan Atkins and Meghan Concra are ordered to prepare a formal order or orders that include the required specifications of the lien and lis pendens and release Plaintiff and Cross-defendant Mavericks Builders' claim of a mechanics lien and...
2023.09.25 Motion for Leave to File TAC 935
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.09.25
Excerpt: ...filed on August 19, 2019, and this amended complaint was otherwise substantially unchanged from the initial complaint. A Second Amended Complaint was filed on January 13, 2020, alleging eight causes of action: The First COA for Breach of Contract against the seller, Betty L. Swedberg; Second COA for Fraud against Swedberg; Third COA against Swedberg for Negligent Misrepresentation, and Fourth Cause of Acton against Swedberg of violations of Civil...
2023.09.25 Motion for Leave to File Amended Complaint, to Record Another Lis Pendens 447
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.09.25
Excerpt: ...intiff did not unreasonably delay its request to amend the Complaint. Additionally, the Court takes note of the rule that requests to amend are to be liberally granted. Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939. When amendment would not prejudice and has not misled the other side, even if the request is delayed, the liberal policy of allowing amendments prevails and it is an abuse of discretion to deny leave in such a case even if s...
2023.09.20 Motion to Compel Arbitration 754
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.09.20
Excerpt: ...tos admittedly used an alias, Jose Rodrigues, while employed by Defendant Cheesecake Factory. Plaintiff stated in his Complaint that he worked there from 2019 to 2021 as a cook. Plaintiff's signature on his declaration is for his true name, and does not match any documents submitted by Defendant. Plaintiff states that he speaks very little English, and his declaration is submitted as translated from Spanish. Plaintiff denies that it is his signat...
2023.09.20 Demurrer to FAC 913
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.09.20
Excerpt: ... the Court sustained with leave to amend. Watt joined in AVM's demurrer, and separately filed the instant demurrer as to Hirata's first cause of action under Labor Code S 1102.5(b) as against Watt specifically. For the reasons stated below, Watt's demurrer to the first cause of action is SUSTAINED WITHOUT LEAVE TO AMEND. Labor code section 1102.5 is a whistleblower statute, the purpose of which is to "encourag[el workplace whistle-blowers to repo...
2023.09.19 Demurrer, Motion to Strike 996
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.19
Excerpt: ...2(d). Legal standard on demurrer. A demurrer may be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. A demurrer tests the legal suffciency of the pleading it is attacking, and only raises questions of law." Code Civ. Proc. Sec. 589. For the purpose of testing the sufficiency of a cause of action, the ...
2023.09.19 Motion for Preliminary Approval of Class Action and PAGA Settlement 480
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.19
Excerpt: ... 56, 76—77 ["trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws."]; Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 (" 'The court has a fiduciary as guardians of the rights of the absentee class members when deciding whether to approve a s...
2023.09.19 Motion for Reclassification as Limited Civil Action 672
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.19
Excerpt: ...").) These have not been bookmarked in compliance with California Rules of Court rule 3.110(f)(4) or Local Rule 3.3. A court can sanction for local rules violations. (Shiheiber v. JPMorgan Chase Bank, N.A. (2022) 81 Cal.App.5th 588, 695.) Indigo is reminded to comply with all rules of court and local rules. Indigo moves here to reclassify this unlimited case to limited, contending that Plaintiffs Rajesh Yalamanchili and Olga Gritsevskaya (collect...
2023.09.19 Motion for Preliminary Injunction 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.19
Excerpt: ...d Zhiying Qui (collectively defendants). The court finds that there are not grounds under Code of Civil Procedure secton 1008 because there are no new or different facts which warrant reconsideration. All the facts were known or could have been known at the time the two prior motions for preliminary injunction were filed. A filing of a cross-complaint is not a new fact justifying reconsideration. Nor is the fact that defendants deny liability a f...
2023.09.19 Motion to Dismiss Complaint 259
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.19
Excerpt: ... the case has not been brought to trial within three years. (Code of Civ. Proc. S 583.420, subd. On April 18, 2019, plaintiffs' counsel filed this action. unfortunately, plaintiffs' counsel died in or around July 2021, over two years ago, and no counsel has substituted into the case and plaintiffs have not appeared in pro per. Defendants have served this motion on plaintiffs' counsel (which is proper since there has been no substitution of attorn...
2023.09.19 Motion to Compel Production of Police Records 691
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.19
Excerpt: ...uirements of the local rule. Plaintiff, an employee of the San Mateo County Sheriff's Office ("SMCSO"), brings this action under Government Code section 12940 alleging hostile work environment, discrimination, retaliation, failure to prevent harassment, failure to engage in the interactive process, and failure to accommodate. As part of her Complaint, Plaintiff alleges that SMCSO has a pervasive atmosphere and pattern of sexual harassment and ass...
2023.09.18 Motion to Reopen Case 068
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.09.18
Excerpt: ... to a commercial lease. The dispute centers on whether the parties' lease agreement included/incorporated by reference an "Addendum A," which purportedly granted/provided the tenants/defendant an option to renew the lease upon its expiration. The parties participated in a July 7, 2023 court trial, which inwlved witness testimony. upon its conclusion, the Court issued a Minute Order indicating its intenton to find in favor of Defendant (tenant) an...
2023.09.18 Motion to Award Fees 129
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.09.18
Excerpt: ...-motions for summary judgment. Plaintiff partially settled with four of the five defendants, leaving Defendant Matthew Klein ("Defendant" or "Klein") the sole remaining Defendant in the action. The Court granted summary judgment for Plaintiff against Klein and entered the Judgment following its Order Granting Summary Judgment on June 29, 2023. Plaintiff served the Notice of Entry of Judgment Following Order Granting Summary Judgment on Defendant ...
2023.09.18 Motion for Summary Adjudication 219
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.09.18
Excerpt: ...ss and Professions Code section 7031(b). "Except as provided in subdivision (e), a person who utilizes the services of an unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract." (Bus. & Prof. Code S 7031(b).) Plaintiffs seek summary adjudication on the ground that Defendant was an unlicensed contractor duri...
2023.09.18 Demurrer 758
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.09.18
Excerpt: ...he Complaint. PhotoGauge contends that (1) the first cause of action fails to state facts sufficient to constitute a cause of action and (2) the Court has no jurisdiction over the subject of the second cause of action. (Code of Civ. Proc., S 430.10, subds. (a), A. First Cause of Action: Breach of Contract The first cause of acton is premised upon the employment contract entered into Heslin and PhotoGauge in March 2021. (Sep. 14, 2022 Complaint, '...
2023.09.18 Application for Writ of Attachment 095
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.09.18
Excerpt: ...claim is one upon which an attachment may be issued, (2) plaintiff has established the probable validity of the claim, (3) the attachment is not sought for any purpose other than to secure recovery on the claim, and (4) the amount to be secured is greater than zero. CCP S 484.090. Except as otherwise provided by statute, a claim is one upon which an attachment may be issued: (1) in an action on a claim or claims for money, (2) based upon a contra...
2023.09.15 Motion to Compel Responses, for Sanctions 148
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.15
Excerpt: ...ristopher Dunn Cust(Nlianship ("Plaintiffs") "Motion to compel and Request for sanctions," filed June 12, 2023, is GRANTED-IN-PART and DENIED-INPART. Background. Plaintiffs filed this case in March 2022. Plaintiffs' present Motion argues that since roughly mid-2022 and continuing to the present, Defendants David Bragg and Silicon Valley Real Estate Ventures, LLC (SVRV) have engaged in various forms of discovery abuse/misconduct that warrants sanc...
2023.09.15 Motion for Summary Judgment, Adjudication 653
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.15
Excerpt: ...e sole grounds for Defendant's motion as to the first cause of action is that the LLC Operating Agreement has terminated, the LLC has dissolved, and Defendant withdrew from the LLC in 2017. These facts are undisputed. Defendant contends, therefore, that he cannot be liable for a breach of contract claim. The argument has no basis in law, and Defendant cites no legal authority to support the argument. When a contract terminates or expires, it is n...
2023.09.15 Demurrer 661
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.15
Excerpt: ...raud is OVERRULED. The elements of a claim for fraudulent concealment are: "(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known...
2023.09.15 Demurrer 163
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.15
Excerpt: ...of this order. As a preliminary matter, the hearing on this demurrer was originally set for July 21, 2023. The Court found that Defendant MPH International LLC ("MPH") had failed to meet and confer as required by Code of Civil Procedure section 430.41. The Court continued the hearing and ordered MPH to file a declaration, confirming that the parties had met and conferred, no later than September 5, 2023. MPH has failed to file a declaration, and ...
2023.09.14 Demurrer 786
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.09.14
Excerpt: ... ON DEMURRER AND DEMURRER TO DEFENDANT AND CROSS-COMPLAINANT DONNA GOLDSTEIN'S VERIFIED CROSS COMPLAINANT BY PLAINTIFF AND CROSS-DEFENDANT TENTATIVE RULING: The instant dispute arises out of a loan and Deed of Trust ("DOT") executed by Defendant Donna Goldstein's nowdeceased husband, Andrew Goldstein, pledging real property at 1431 Laguna Avenue, Burlingame CA (the "subject property") to Option One Mortgage ("Option One") as security for a loan (...
2023.09.14 Motion to Add Interest to Judgment 047
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.09.14
Excerpt: ...he parties entered into a Settlement Agreement, which that Defendants South Bay Real Estate Commerce Group, LLC and George Cresson (Judgment Debtors) would pay to Plaintiff MDIG, pursuant to a payment plan. There is no dispute that the Judgment Debtors paid of the Settlement, several years ago. MDIG contends that no additional payments have been made (i.e., Judgment Debtors have made no payments in over five years now), during which time MDIG has...
2023.09.14 Demurrer 795
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.09.14
Excerpt: ... to Strike. As a preliminary matter, McLennan identifies four statutory grounds for this demurrer to the Complaint of Plaintiff 930 Linden Avenue, LLC ("930 LLC"): (1) 930 LLC's lack of capacity to sue, (2) misjoinder, (3) failure to state a claim, and (4) uncertainty. (See Code of Civ. S 430.10, subds. (b), (d)—(f).) However, none of the papers filed in support of the motion discuss capacity to sue, misjoinder, or uncertainty. The Court theref...
2023.09.13 Motion to Permit Filing of Cross-Complaint 448
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.09.13
Excerpt: ... filed a Cross-complaint against Plaintiff. On May 5, 2022, Plaintiff filed a First Amended Complaint to add claims for accounting and declaratory relief. On June 28, 2022, this case was set for trial to commence June 1, 2023. On May 8, 2023, less than one month before trial, Defendant brought an ex parte application to continue the trial date, allow further merits discovery, and allow more time to complete expert discovery — due to the recent ...
2023.09.13 Motion for Summary Judgment, Adjudication 020
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.09.13
Excerpt: ...elevant Facts This personal injury case arises out of a December 16, 2019 incident in which Plaintiff and Cross-defendant Nancy Hey, who had already been legally blind, was struck in the eye by a metal protrusion on the premises of Rancho Viejo horse stables located at 145 Ansel Lane in Portola Valley (the "Premises"). The Premises are owned by the Defendant Board of Trustees of the Leland Stanford Junior University ("Stanford") and leased to Def...
2023.09.13 Demurrer to FAC 913
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.09.13
Excerpt: ..."). In the operative First Amended Complaint, Plaintiff alleges causes of acton against both Watt and AVM for whistleblower retaliation, false imprisonment, battery, and intentional infliction of emotional distress.l Defendant AVM now demurs to all causes of action, arguing that Plaintiff has failed to state facts sufficient to constitute a cause of action as to his whistleblower retaliation claim, and that AVM has failed to allege sufficient fac...
2023.09.13 Demurrer 023
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.09.13
Excerpt: ...n suing a public entity defendant. Public entities can be liable only to the extent prov-ded by statute. Government Code Section 815 states, in pertinent part: " Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person." To assert a valid claim against Defendant, which is public entity, Plaintiff must...
2023.09.12 Petition for Writ of Mandamus 330
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...s "Director of the Department of Motor Vehicles" ("Department"). Wyant was detained and arrested for suspicion of driving under the influence of alcohol. He submitted to a chemical test of his blood on the night of his arrest, and results of that chemical test showed a 0.082 percent blood alcohol content ("BAC") in violation of Vehicle Code section 23152. The Department suspended Wyant's privilege to drive a motor vehicle for four months, from Oc...
2023.09.12 Motions for Summary Judgment, Adjudication, to Seal 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...Snowflake's motion for summary judgment. These exhibits contain both (1) thirdparty personally identifiable information of Snowflake employees and former employees, including performance reviews, employment histories, and financial information; and (2) confidential business information re Snowflake's confidential competitive business information. Public versions have been filed. The private versions were lodged conditionally under seal on June 22...
2023.09.12 Motion to Compel Further Responses, for Sanctions 774
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...and there are no allegations of fraud in the complaint. Plaintiffs' counsel's continued use of these terms elevates the emotions in this case and is unnecessary. The parties are to APPEAR to address the following issues: Plaintiffs' discovery is much broader than appears to be relevant or reasonably calculated to lead to the discovery of admissible evidence regarding the remaining issues in the case. The court's understanding was that plaintiffs ...
2023.09.12 Motion for Summary Judgment, Adjudication 452
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ... Lyudmyla Grytsayenko ("Lyudmyla") and Yuriy Grytsayenko ("Yuriy") (also collectively "Plaintiffs") is ruled on as follows: The Motion for Summary Judgment is GRANTED. The Complaint alleges claims for General Negligence and Premises Liability. (McCann Decl., Exh. A.) Plaintiffs claim that Lyudmyla was forced to walk toward metal cross-bracers that were a part of scaffolding with no padding or warning tape in place, and hit her head against the lo...
2023.09.12 Motion for Preliminary Approval of Class Action Settlement 110
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...ntly determine whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 55, 76—77 ["trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws."]; Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 'The ...

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