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2023.09.12 Demurrer, Motion to Compel Further Responses, for Monetary Sanctions 457
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...ntiffs opposition and accepts counsel's explanation and apology for the reason that the opposition was not filed on time. The court grants defendant's request for judicial notice for the fact that the documents were filed in the court, but not for the truth of the contents of the documents. Plaintiff argues that this demurrer repeats the same arguments as raised in defendant's motion for judgment on the pleadings to the first amended complaint, w...
2023.09.11 Demurrer 407
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.09.11
Excerpt: ...e applicable statute of limitations. The Complaint alleges that on November 29, 2019, the decedent, plaintiff's mother, was admitted to Mills Peninsula Medical Center due to difficulty breathing. (Complaint, 6.) Plaintiff alleges that one of decedent's lungs collapsed on November 30, 2019, and she was transferred to the ICU and placed on a ventilator. (Ibid.) According to the Complaint, "[Orom 11-28-2019 until 12-19-2019 it was here that [the dec...
2023.09.11 Motion for Preliminary Approval of Class Settlement 436
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.09.11
Excerpt: ...e granted approval by this Court at the final fairness hearing. (Kullar v. Fint Locker Retail, Inc. (2008) 158 cal.App.4th 115, 133.) (See MPA, at po. 9:2-17, 10:7-13; Potashnick Dec., 9, 12.) Multiple portions of Plaintiff's memorandum are not supported by citations to evidence or contemplated in counsel's declaration. (See MPA, at pp. 10:24-25, • Plaintiff failed to append the Settlement Agreement as Exhibit A or Exhibit 1 to the Potashnick D...
2023.09.11 Demurrer 755
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.09.11
Excerpt: ...10) days after service of written notice of this order. Defendant City of South San Francisco (the "City") demurs to the second and third causes of action in the Complaint of plaintiff L C General Engineering & Construction, Inc. ("LCG") on the grounds that neither states facts sufficient to constitute a cause of acton. (See Code Civ. Proc., S 430.10, subd. (e).) A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal suffici...
2023.09.08 Motion to Strike, Demurrer 597
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.08
Excerpt: ...E RULING: For the reasons stated below, Defendants Wayne Podesta et. al.'sJune 6, 2023 Motion to Strike portions of Plaintiffs Franciscan Resident Advisory committee, et. al.'s April 10, 2023 complaint is GRANTED-INPART and DENIED-IN-PART. code Civ. Proc. Sects. 435, 436. Defendants' June 6, 2023 Request for Judicial Notice is GRANTED-INPART and DENIED-IN-PART. (See Order on Defendants' Demurrer to Complaint, which explains the Court's rationale)...
2023.09.08 Motion to Set Aside Default, for Sanctions, Demurrer, to Quash Service of Summons 094
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.08
Excerpt: ...rrer on behalf of only one Defendant (Indrawous Azar) and pay a single First Appearance Fee, rather than filing a Demurrer on behalf of all clients and incurring multiple First Appearance Fees. There is no statute, court rule, or regulation that supports this strategy. Mr. Bender's approach, though possibly well- meaning, constituted attorney neglect because a reasonable attorney would have known that demurring on behalf of just one client would ...
2023.09.06 Demurrer to SAC 421
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.09.06
Excerpt: ... to state a claim as the parties (or their predecessors in interest) entered into a settlement with broad mutual releases as part of the Second Settlement Agreement. (2) SUSTAINED WITH LEAVE TO AMEND as to the second cause of action for negligence. Although the negligence claim cannot be based upon the prior settlements, the Second Amended Complaint also contains some allegations that the failure of Defendant to maintain its subslab depressuraton...
2023.09.05 Motion for Summary Judgment 014
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.05
Excerpt: ...the Ford pickup truck he was in broke down. (UMF No. 3.) A Caltrans tow truck towed Plaintiff's vehicle and deposited it on university Avenue in Menlo Park, approximately 200 feet from the intersection with Bayfront Expressway. (UMF No. 4.) The tow truck driver left shortly thereafter. (UMF No. 5.) Plaintiff's friend subsequently gave him a ride to AutoZone Auto Parts to purchase parts to repair his truck. (UMF No. 6.) After purchasing the needed...
2023.09.05 Motion for Summary Adjudication 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.05
Excerpt: ...ed fifty-percent interest in the subject property, and Plaintiffs Triple 8 Holdings, LLC and Donald Chua to be entitled to a partition of the subject property. Plaintiffs Triple Eight Holdings, LLC's and Donald Chua's Request for Judicial Notice is GRANTED as to items nos. 1—6 and 12 and DENIED as to items 7—11. Defendant Bernice Turner's Request for Judicial Notice is DENIED as to all items. Defendant Bernice Turner's Evidentiary Objections�...
2023.09.05 Motion for Leave to File FAAs 188
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.05
Excerpt: ....310.) On June 17, 2019, defendants filed answers and no advice of counsel defense was asserted. Since the inception of the case, the action has been vigorously litigated. There have been over 40 hearings on motions, case management conferences and informal discovery conferences, and the docket contains over 550 entries. On December 1, 2020, this case was assigned to the Hon. Nancy L. Fineman for all purposes. The court held its first pretrial co...
2023.09.01 Motion for Summary Judgment 798
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.01
Excerpt: ...on brief is single-spaced, which violates California Rules of Court, Rule 2.108. In its discretion, the Court has chosen to overlook this procedural defect in this instance. The Court will expect Plaintiff to strictly comply with the Rules of Court going forward. Plaintiff has not highlighted/marked the relevant portions of the deposition transcripts. Plaintiff has filed deposition testimony in support of her Opposition papers, but has not highli...
2023.09.01 Motion for Further Bill of Particulars 470
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.01
Excerpt: ...ext, Inc. to provide a further account is GRANTED. Plaintiff and Cross defendant Open Text, Inc. shall serve a further account no later than ten (10) days after service of written notice of the formal order. Defendant and Cross-complainant Michelle Beasley's request for an order appointing a referee to hear and decide an issue or specific question of fact is DENIED. A. Procedural Background On March 8, 2023, Beasley served a demand for a bill of ...
2023.09.01 Demurrer 104
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.01
Excerpt: ...e suspension or disabling in all circumstances." (MPA, p.2.) Defendant also contends that collateral estoppel bars Plaintiff from seeking monetary damages because the federal district court's decision dismissing Plaintiff's Complaint in King v. Facebook, Inc. (N.D. Cal. 2021) 572 F.Supp.3d 776 has determined that Plaintiff cannot allege a claim for monetary relief. In King v. Facebook, Inc., 572 F.Supp.3d at 790, the federal district court determ...
2023.08.31 Motion for Summary Adjudication 987
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.31
Excerpt: ...ion of Katie Fones "in its entirety" is overruled. Objections to evidence must be specific. (Evid. Code Sect. 353, subd. (a); Coit Drapery Cleaners, Inc. v. Sequoia Ins. Co. (1993) 14 Cal.App.4th 1595, 1611.) The objection to the entirety of the declaration on the ground that "reasonably equivalent value" is not susceptible to ex#rt testimony is overbroad and non-specific. Further, the Fones Declaration never provides an opinion on what constitut...
2023.08.29 Motion to Set Aside Labor Commissioner's Order or Award or Vacate Clerk's Judgments, Set New Trial 395
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...d notify Department 4 and all other parties by 4:00 p.m. on August 21, 2023. In these motons in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure secton 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree ...
2023.08.29 Motion for Preliminary Approval of Class Action Settlement 277
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...lass Action Settlement Agreement (2) Approval of Notice to Class Members and Related Materials; (3) Approval of Settlement Administrator; and (4) Setting Hearing For Final Approval of Settlement ("Motion") is ruled upon as follows. The Court appreciates the work engaged in by the parties in revising its requests for approval. The Court has conducted an independent review of the request to determine whether the settlement is fair, reasonable and a...
2023.08.29 Motion for Attorney Fees 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ... Coalition for Pacificans for an Updated Plan and Kristen Cramer (plaintiffs) filed this action which inwlves a CEQA challenge to a proposed project called Vista Mar located in Pacifica, California ("the Project"). Both plaintiffs sued on both causes of action. Plaintiffs sued the City of Pacifica (the City) and real parties in interest Monterey Road Pacifica, LLC, Vistamar Development, and Javier Chavarria (real parties). On January 21, 2021, th...
2023.08.29 Demurrer to SAC 397
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...(California Rule of Court, rule 3.1320(g); Code of Civ. Proc., S 472b.) If Plaintiff decides not to amend, Plaintiff's counsel shall so notify defense counsel and the parties shall meet-and-confer on a date where defendant County of San Mateo's answer is due. Plaintiff John JV Doe's Request for Judicial Notce is GRANTED. Defendant County of San Mateo's Request for Judicial Notice is GRANTED. The Second Amended Complaint (the "SAC") asserts nine c...
2023.08.29 Motion to Strike SAC 402
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...the "SAC") asserts nine causes of action against Defendant County of San Mateo (the "County") and one hundred unnamed employees of the County for their respective roles in the alleged sexual abuse committed by Probation Officer John Domeniconi of Plaintiff Jane DT Doe while the latter was a minor. The County moves here for an order striking the entirety of the SAC for Plaintiff's failure to file timely certificates and obtain court approval—as ...
2023.08.28 Motion for Costs 846
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.28
Excerpt: ...elf when he fell through an inadequately secured piece of plywood flooring. Plaintiff served Bomel with Set One of his Requests for Admission ("RFAs"), which included the three requests (the "subject RFAs") at issue: Request Number 39: Admit that YOLI were the creating employer pursuant to Labor Code S 6400 at the time of the SUBJECT INCIDENT. Request Number 40: Admit that YOU were the controlling employer pursuant to Labor Code S 6400 at the tim...
2023.08.25 Petition to Compel Compliance with Deposition Subpoena for Business Records, for Sanctions 678
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ...tate and International Depositions and Subpoena Discovery Act, a motion to enforce a subpoena may be filed in the superior court for the county in which the discovery is to be conducted, and shall comply with the rules and statutes of this state. Cal. Code of Civil Procedure Section 2029.3CL Here, Petitioners' California subpoena was served on Respondent Meta Platforms, Inc. on May 9, 2023. Franklin-Murdock Decl., 97, Exh. E. Respondent thereafte...
2023.08.25 Motion to Terminate Sanctions 598
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ... across the parking area, an unknown third-party assaulted Plaintiff, who then asked a manager at the hotel to call the police. The manager allegedly refused. Plaintiff brings this action against Defendants as the owners and operators of the hotel, alleging inter alia that they were negligent in failing to provide adequate lighting in the parking area, and should have known of the danger posed to Plaintiff by the unknown third-party. On December ...
2023.08.25 Motion to Compel Further Responses, for Sanctions 653
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ...r responses to the Special Interrogatories is GRANTED as to Special Interrogatory Nos. 1-3, 6-10, 15, 17, 22-23, and 25-26, and DENIED as to Special Interrogatory Nos. 12-14, and 19. Within three weeks of this Order, Plaintiff shall serve further, written responses, without objections, to Special Interrogatory Nos. 1-3, 5-10, 15, 17, 22-23, and 25-26. All objections to these Interrogatories are overruled. Because Nos. 12-14, and 19 contain typogr...
2023.08.25 Motion for Terminating Sanctions and Monetary Sanctions 388
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ... to Form Interrogatories that were served in November 2021. The Court granted Defendant's motion to compel verified responses and ordered Plaintiff to provide verified responses and to pay a monetary sanction of $5,101.00 "within fourteen days of notice of entry of this order." (Order, April 26, 2023 (filed May 1, 2023.) Defendant served Notce of Entry of Order on May 3, 2023. As of the date Defendant filed the present motion on June 14, 2023, Pl...
2023.08.25 Demurrer to SAC 794
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ...ended Complaint ("SAC") by Plaintiffs Lori Slicton ("Slicton") and George Buckingham ("Buckingham") (also collectively "Plaintiffs"), is ruled on as follows: (1) The Demurrer is OVERRULED on the ground that Slicton fails to allege an adverse employment action in support of her claims. "Adverse employment actons are not limited to ultimate actions such as termination or demotion." (Judicial Council Of California Civil Jury Instructon 2509.) "An ad...
2023.08.24 Demurrer to SAC 470
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.24
Excerpt: ...hrough fourth causes of action asserted in Plaintiffs First Amended Complaint on the grounds that the causes of action were barred by the two-year statute of limitations applicable to claims for breach of an oral contract under CCP S 339.1. (1/19/23 Minute Order.) The Court noted that Plaintiff did not dispute that the two-year statute of limitations was applicable, but rather contended that the claim was timely under the continuous accrual doctr...
2023.08.24 Motion for Summary Judgment, Adjudication 434
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.24
Excerpt: ...intiff is reminded to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit"]; San Mateo County Superior Court Local Rule 3.3 [same...
2023.08.24 Motion to Strike SAC 470
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.24
Excerpt: ... LS Home Development, LLC from the SAC on the grounds that the new y added defendant and cause of action exceed the scope of the amendment #rmitted by the Court in its ruling on Defendants' demurrer to Plaintiff's First Amended Complaint. Generally, where a court grants leave to amend after sustaining a demurrer, the scope of permissible amendment is limited to the causes of achon to which the demurrer has been sustained: "[Sluch granting of leav...
2023.08.23 Motion for Summary Judgment, Adjudication 993
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.08.23
Excerpt: ... Civil Procedure Section 340.5, which begins to run after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury. See MP&A ISO Motion, 5:6-8; Opp. 2:16-20. As used in Section 340.5, discovery of the injury means discovery of both the physical condition and also the negligent cause of condition; it refers to the damaging effect of the alleged wrongful act and not the act itself, and no cause of actio...
2023.08.23 Motion to Strike Punitive Damages 909
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.08.23
Excerpt: ...Complaint is DENIED. Defendants shall file and serve their Answers to the Complaint on or before September 1, 2023. Evidence and facts external to the Complaint cannot be considered on a Motion to Strike. In their briefing, both parties assert arguments based on the "Traffic Collision and other supposed "evidence," including a declaration from Plaintiff's counsel. None of this, however, is part of the Complaint. On a Motion to Strike, the Court o...
2023.08.22 Motion to Strike 600
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ...assaulted at defendants' massage franchise, and she asserts numerous causes of action and requests punitive damages. Defendants bring this Motion to Strike parts of Plaintiff's First Amended Complaint ("FAC"), seeking to remove "all language regarding fraud, misrepresentation, concealment, and conspiracy." (Memorandum of Points and Authorities in Support of Motion to Strike ("MPA") at 4.) Specifically, inter alia, Defendants request that the Cour...
2023.08.22 Motion to Set Aside Order, Decision, or Award, Vacate Judgment, Set New Trial 395
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ... p.m. on August 21, 2023. In these motions in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure section 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree that there was an error in having two judgments e...
2023.08.22 Motion for Relief from Jury Waiver 065
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ...In a civil cause a jury may be waived by the consent of the parties expressed as prescribed by statute." One such statute, section 631, states that "[iln civil cases, a jury may only be waived pursuant to subdivision (f)." (Code Civ. Proc., S 631, subd. (a).) Subdivision (f) then enumerates the ways in which "[a] party waives trial by jury ... One way is "[b]y failing to timely pay the fee described in subdivision (b), unless another party on the...
2023.08.22 Demurrer to FAC 076
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ...r to specified causes of action or defenses." Defendants' has failed to failed to comply with this rule. The court overlooks that deficiency because plaintiffs have not raised it, but it has made it more difficult for the court to review the demurrer. Plaintiffs object that the demurrer was untimely, but in its discretion, the court is considering the demurrer because there is no prejudice to plaintiffs. Further, it appears that defendants made a...
2023.08.21 Demurrer
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...n required by Code of Civil Procedure, section 430.41. Defendants' counsel is reminded to strictly comply with all meet and confer requirements going forward. In the Court's discretion, despite the defective meet and confer, the Court will proceed to rule on the demurrer's merits. Defendants' Demurrer to the Eleventh Cause of Acton (violation of FEHA) is OVERRULED. Defendants argue that this claim fails to state a cause of action because (a) Plai...
2023.08.21 Demurrer 012
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...n on the same cause of action as alleged in Plaintiffs complaint." (Demurrer, at p. 2: 15-17.) The other action is the marital dissolution case, FAM 08648. The record shows that final judgment was entered in 21W6, with no further activity in that matter since then. Therefore, no claim of partition between the parties is pending in any other action. The Demurrer quotes Section l, Paragraph 5 of the Marital Settlement Agreement ("MSA"), providing t...
2023.08.21 Demurrer 273
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...d. (e). These causes of action are tme barred by the applicable statute of limitations under Code of Civil Procedure, section 337, subd. (a), and therefore fail to state a claim upon which relief can be granted. The gravamen of Plaintiff's First Amended Complaint arises out of alleged overcharges on Plaintiff's real estate loan from Defendant Bank of America, in which Plaintiff purportedly received a misstated HUD-I statement when he signed the l...
2023.08.21 Demurrer 815
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...tatutory notice requirements will not support an unlawful detainer action. (Code Civ. Proc., S 1162, see also Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600 (Kwok) ["The statutory procedure must be strictly followed."l.) Proper service of a valid notice is a prerequisite, and invalid notice will not support a judgment. Code Civ. Proc., S 1161; Kwok, supra, 130 Cal.App.3d, at p. 599.) Plaintiffs three-day notice to pay rent or quit is fatally defe...
2023.08.21 Motion for Summary Adjudication of Issues 767
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...f for legal services performed on an hourly rate basis for attorney Cary Kletter at $550 per hour. (UMF, Nos. 1, 3.) Defendant also does not dispute that (1) in April 2022, Plaintiff resolved the underlying matter with Defendant's express consent which resulted in a settlement agreement with the opposing party signed by Defendant, or that (2) Defendant has not paid any portion of the $23,116.77 in legal fees and costs billed to him under the part...
2023.08.21 Motion to Compel Arbitration and to Stay 931
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...n of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that the right to compel arbitration has been waived by the petitioner, or grounds ex...
2023.08.21 Motion to Deposit to Stakeholder, for Attorney Fees 719
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.21
Excerpt: ...ion against the claimants compelling them to interplead and litigate such claims. (Code Civ. Proc., S 386, subd. (b).) "The purpose of interpleader is to prevent a multiplicity of suits and double vexation." (City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.) Accordingly, the existence of at least two competing claims on the same property or obligation is required to maintain an interpleader acton. The Complaint alleges that Defendan...
2023.08.18 Motion for Protective Order 449
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.18
Excerpt: ...rict's decision in Raymond Handling Concepts Corp. v. Superior Court (1995) 39 Cal.App.4th 584, 590—591. In that case, the trial court drafted an order that "allowed disclosure only to counsel in similar cases and only if counsel executed a stipulation agreeing to be bound by the protective order. The order further required counsel to notify defense counsel when disclosure was made." The appellate court noted that "This gives defense counsel an...
2023.08.18 Demurrer 827
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.18
Excerpt: ... above, a three-day notice must include "the amount which is due." A notice that seeks rent in excess of the amount due is invalid and will not support an unlawful detainer action. (Levitz Furniture Co. v. Wingtip Communications, Inc. (2001) 86 Cal.App.4th 1035, 1038 [parenthetical and citations omittedl.) The notice to pay rent or quit upon which Barahona's claim is founded demands a $200.00 late fee in addition to past-due rent of $1,360.00. (J...
2023.08.16 Motion to Quash Service of Summons 531
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.08.16
Excerpt: ...on the defendant's intentionality. Snowney v. Harrah's Ent. , Inc. (2005) 35 Cal.4th 1054, 1062. This prong is only satisfied when the defendant purposefully and voluntarily directs its activities toward the forum so that it should expect, by virtue of the benefit it receives, to be subject to the court's jurisdiction based on its contacts with the forum. ld. Thus, purposeful availment occurs where a nonresident defendant purposefully directs its...
2023.08.16 Motion for Summary Judgment, Adjudication 568
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.08.16
Excerpt: ...not filed any papers subsequently, and the moton remains unopposed. Defendants' motion to compel discovery set for hearing on August 23, 2023 is VACATED AS MOOT. The Court finds as follows: Plaintiff's complaint is for recovery on a $260,000 Check written to Plaintiff by Defendants. (See Civ. Code sect. 1719, subd. (a)(l) (statutory basis for liability against "any person who passes a check on insufficient funds").) Defenses to a claim for a dish...
2023.08.16 Demurrer to FAC 531
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.08.16
Excerpt: ...ied upon, and that she was deceived. Her claims are based on HealthSmart's use of the descriptions "healthy" and "all-natural," yet as is apparently conceded by Plaintiff, HealthSmart has not used these adjectives to describe the products purchased by Plaintiff. HealthSmart notes the accused Sweet Nothings products are just one of several product lines. HealthSmart points to its website to demonstrate that, in fact, HealthSmart has not used the w...
2023.08.15 Motion to Compel Compliance with Stipulated Protocol for Forensic Analysis, for Monetary Sanctions 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.15
Excerpt: ...RTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant snowflake, Inc.'s Motion to compel Compliance with Stipulated Protocol for Forensic Analysis a...
2023.08.15 Motion to Approve Settlement 119
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.15
Excerpt: ...ULL BELOW AND IF A PARTY HAS CONTESTED THE TENTATIVE, IT IS SO INDICATED. IF THE TENTATIVE IS CONTESTED, THE CONTESTING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING O...
2023.08.15 Motion for Judgment on the Pleadings 550
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.15
Excerpt: ...n on substantive grounds, which appears the most effcient way to resolve this motion rather than denying the motion without prejudice on the procedural ground. A defective pleading may be challenged by demurrer, motion to strike, or motion for judgment on the pleadings. (Coyne v. Krempels, (1950) 36 Cal.2d 257. A motion for judgment on the pleadings, which is authorized by Code of Civil Procedure section 438(b)(1), performs the function of a gene...
2023.08.15 Motion for Entry of Judgment 326
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.15
Excerpt: ...correct address for Department 4 of the Central Courthouse, 800 N Humboldt St, Courtroom G, San Mateo, CA 94401. Therefore, by 4:00 p.m. on August 14, 2023, Plaintiff is to contact defendant to notify him of the correct address of the hearing. Defendant will have until 11:30 on August 15, 2023 to contest the tentative and plaintiff shall also inform defendant of this deadline. Plaintiff shall then APPEAR at the hearing to confirm that this notice...
2023.08.14 Demurrer to FAC 173
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.14
Excerpt: ...tice of this order. Plaintiff TGA F299 Franklin LLC's Request for Judicial Notice is GRANTED. Defendants Matte Sun Group's and Evan Haskell's Request for Judicial Notce is DENIED. Defendants Matte Sun Group (MSG) and Evan Haskell demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts suffcient to constitute a cause of action, and specially, on the bases that Haskell is not a proper party and t...
2023.08.14 Demurrer 646
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.14
Excerpt: ... TO AMEND. The complaint contains many evidentiary allegations that Plaintiff was harassed on the basis of his Indian heritage. The Complaint, however, does not allege discrimination based on his Indian heritage. There are no allegations that Plaintiff was treated differently from any employees who were not of Indian heritage. The Complaint alleges that sexual harassment is actionable as discrimination if it is so severe or pervasive as to alter ...
2023.08.14 Demurrer to FAC 171
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.14
Excerpt: ...laint no later than five (5) days after service of written notice of this order. Plaintiff TGA F299 Franklin LLC's Request for Judicial Notice is GRANTED. Defendants Urban Flat, LLC's and Evan Haskell's Request for Judicial Notice is DENIED. Defendants Urban Flat, LLC ("urban") and Evan Haskell demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts suffcient to constitute a cause of action, an...
2023.08.14 Motion to Vacate Judgment 698
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.14
Excerpt: ...nd Annie Zhao because, although they were parties to the original Complaint filed on April 17, 2017, they were not named as Plaintiffs in the First Amended Complaint (FAC) filed on October 30, 2017. According to Defendants, "this Court could not award an individual recovery to SUN and ZHAO without the FAC being amended to include SUN and ZHAO as individual plaintiffs, and that amendment being served on the Chu Defendants, which did not occur in t...
2023.08.14 Motion for Leave to File Amended Complaint 067
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.14
Excerpt: ...iberally to permit amendment of pleadings. Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939. Particularly "[w]here no prejudice is shown to the adverse party, the liberal rule of allowance prevails." Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564. The Court agrees, in part, with Accessible Home Lift Companvs ("Accessible") allegations of delay and lack of diligence in seeking leave to amend. HSS's proposed FACC seeks to add Mesa underwriters S...
2023.08.14 Motion for Summary Judgment 779
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.14
Excerpt: ...ries, depositions, and matters of which judicial notice shall or may be taken." Under Aguilar v. Atlantic Richfield Co. (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, there is no opposition, so ...
2023.08.14 Motion to Strike 729
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.14
Excerpt: ...ions is DENIED. Defendants move this Court to strike Plaintiff's allegations as to alter ego liability because, inter alia, they argue that Plaintiff has failed to adequately plead facts supporting a unity of interest between the Defendants such that the corporate veil should be pierced. At the pleading stage, the Court looks to whether Plaintiff has adequately pled sufficient facts to support the two requirements of the alter ego theory: unity o...
2023.08.11 Motion for Determination of Good Faith Settlement 266
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.11
Excerpt: ... entered into a General Mutual Release (the "settlement agreement") signed by the settling parties on May 25, 2023, May 29, 2023, and June 5, 2023, under which Plaintiffs unequivocally Cross-Defendant's offer of $10,000.00 to resolve their claim in exchange for a full release of all claims against Cross-Defendant. The non-exhaustive factors for making a determination of good faith settlement are provided by TechBilt, Inc. v. Woodward-Clyde & Asso...
2023.08.10 Motion for Summary Judgment 102
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.10
Excerpt: ...ourt takes judicial notce of their filing dates and contents, but not as to the truth of statements/allegatons in the documents. Plaintiff's 7-27-23 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d)). Defendant's 8-3-23 Objections to Evidence are all OVERRULED. The Court rules on objections to evidence, not objections to alleged "facts" in Plaintiff's Separate Statement. Further, for the most part, Defendant's arguments go to the w...
2023.08.10 Demurrer to SAC 345
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.10
Excerpt: ...illon ("Plaintiffs") is SUSTAINED WITHOUT LEAVE TO AMEND. (1) The Demurrer to the First Cause of Action for Wrongful Foreclosure is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to state facts sufficient to support this claim. The SAC alleges that the Notce of Default ("NOD") improperly demanded $13,643.36. (SAC 27.) Plaintiffs acknowledge that they missed monthly $650.00 payments beginning October 2018, and were in arrears for 17 months at t...
2023.08.09 Motion for Leave to File Complaint 194
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.08.09
Excerpt: ...e enforcement of a right to inspection of corporation books and records is done by Petition, not by Complaint. (2) Section 1501(c) has to do with disclosure of financial statements and/or creation of quarterly financing statements — which is not the relief that Vaid has pleaded. (3) Demand for inspection of books and records is under Sectons 1601 and 1602, not 1500 or 1501. (4) In an action to enforce under Section 1503, the Court may appoint a...
2023.08.08 Motion to Compel Compliance with Stipulated Protocol for Forensic Analysis, for Monetary Sanctions 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.08
Excerpt: ...CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT TH AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant Snowflake, Inc.'s Mohon to Compel Compliance with Stipulated Protocol for Forensic Analysis and Request for Monetary Sanctons is GRANTED for the reasons set forth below. In November 2022, the parties entered into a Stipulated P...
2023.08.08 Motion to Approve Settlement of Claims, for Attorney Fees, to Dismiss Action 119
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.08
Excerpt: ...NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES ay 4:00 P.M. ON MONDAY, AUGUST 7, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 15, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 15, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. The court VACATES the case Management Conference set for September 12, 2023 at 2:00 p.m. and resets it for Septem...
2023.08.08 Motion for Terminating Sanctions, Further Monetary Sanctions 161
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.08
Excerpt: ..., 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON AUGUST 8, 2023. Defendant Joseph's Motion for Terminating Sanctions and Further Monetary Sanctions is DENIED. "The trial court may order a terminating sanction for discovery abuse after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informa...
2023.08.07 Demurrer 598
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.07
Excerpt: ...ocedure Section 430.10(e). Counsel for Defendants shall prepare, circulate and submit a proposed Judgment of Dismissal. Each of the complaints in the consolidated achon is based on a 60-day notice and intent for the landlord and his family to move in under the City of East Palo Alto 2010 Rent Stabilization and Just Cause for Eviction Ordinance (the "Just Cause Ordinance"), with each notce stating: ...Landlord is in compliance with Sections 14.04....
2023.08.07 Motion for Summary Judgment 665
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.07
Excerpt: ...ion for summary adjudication of issues. As a preliminary matter, the exhibits filed in support of this motion fail to comply with California Rules of Court rule 3.1110(f)(4). All future 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. Failure to properly bookmark exhibits may result in rejection of the filin...
2023.08.07 Motion for Summary Judgment, Adjudication 808
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.08.07
Excerpt: ... no merit against El Camino Motors. The Court exercises its discretion to not rule on Plaintiffs' Objections to UMFs 7, 8, 9, 18, 20, 36, and 39 (incorrectly cited as UMFs 6, 7, 8, 17, 19, 35, 38). None of the challenged material facts is material to the Court's disposition of the motion. (Code of Civ. Proc. S 437c, subd. Further, objections must be to evidence. Except for Objection No. 1, Plaintiff improperly objects to the undisputed Material F...
2023.08.04 Motion for Reconsideration 723
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.04
Excerpt: ...der it entered, it may do so on its own motion and enter a different order. Here, Plaintiff requests that the Court reconsider its August 6, 2021 Order compelling arbitration and staying this action pending resolution of that arbitration. As Defendant points out, Plaintiff's Motion is not a Motion of the Court, so Section 1008(c) does not grant authority for Plaintiff to bring this Motion. Opp. 2:11-18. Plaintiff acknowledges in their Reply brief...
2023.08.04 Demurrer to FAC 152
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.04
Excerpt: ...obayo's ("Plaintiff") First Amended Complaint ("FAC") is SUSTAINED as to each asserted cause of acton. Code Civ. Proc. Sect. 430.10(e). Page limit violation. In addition to other violations of the California Rules of Court (CRC), Plaintiff's 53-page Opposition brief exceeds the page limit by about 38 pages. See CRC 3.1113(d) (Opposition briefs limited to 15 pages). The Court has disregarded the portion of Plaintiff's Opposition brief that exceeds...
2023.08.03 Motion to Tax Costs 047
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.03
Excerpt: ...rded to Plaintiff MDIG, the Motion to Tax is DENIED. With respect interest accrued on the judgment, the Court will decide this issue at the Sept. 14, 2023 hearing. Background. In Nov. 2016, the parties entered into a Settlement Agreement, which provided that Defendants/Judgment Debtors South Bay Real Estate Commerce Group, LLC and George Cresson would pay $450,000 to plaintiff/Judgment Creditor Mount Diablo Investment Group (MDIG), per a payment ...
2023.08.03 Motion to Quash Deposition Subpoenas 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.03
Excerpt: ...poenas of four affiliated persons—Jo Chamberlain, Michael Kimsey, Chris Carneghi, and Kenneth Habeeb—issued by Defendants and Crosscomplainants Thomas J. Gearing and Daniel K. Gearing (collectively "the Gearings") for oral testimony and scheduled for June 12 and 13, 2023. In the alternative, Coastside Land Trust requests a protective order limiting the scope of these depositions. A. Coastside Land Trust Has Standing Both the Notice and Amende...
2023.08.03 Motion to Enforce Settlement 386
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.03
Excerpt: ...l. CCP S 564.6(a). The individual Plaintiffs and individual Defendants (with Bryan Holmes signing as managing member of FFC Alameda DLP, LLC) all signed a written settlement agreement laying out payments owed by Defendants to the Plaintiffs according to a payment schedule. Ex. A to Decl. of Adam L. Pedersen ("Pedersen Decl."). There is no dispute as to the amount or terms contained in the settlement agreement. Defendants have failed to make payme...
2023.08.03 Motion to Compel Arbitration 312
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.03
Excerpt: ...n arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that the right to compel arbitration has been waived by the petitioner, or grounds exist for rescissio...
2023.08.03 Demurrer to SAC 777
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.03
Excerpt: ...to Demurrer" filed May 26, 2023 (11 pages), (2) "Objection to Demurrer Amendment" filed June 5, 2023 (3 pages), and (3) "Defendants Demurrer Action and Plaintiff's Points and Authorities" filed June 5, 2023 (10 pages). "Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages." (Cal. Rules of Court ("CRC") Rule 3.1113(d).) All three documents together therefore violate the page limits pe...
2023.08.02 Demurrer to FAC 417
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.02
Excerpt: ... without leave. A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of achon under any legal theory, as a matter of law. (New Livable Cal. v. Association of Bay Area Gov'ts (2020) 59 cal.App.5th 709, 714-715; Genis v. schainbaum (2021) 66 cal.App.5th 1007, 1014.) The demurrer may be made to the entre complaint or to any of the ca...
2023.08.02 Demurrers 701
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.02
Excerpt: ...2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Defendants James Kochman's and Terrie Kochman's Demurrer to Plaintiff Tellus App, Inc.'s Complaint is OVERRULED. Defendants shall serve an answer within five calendar days of notice of entry of o...
2023.08.02 Motion for Summary Judgment, Adjudication 071
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.02
Excerpt: ...3. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Plaintiff's Notice of Motion incorrectly states that the hearing will be held at the Court's Redwood City address, rather than the correct address for Department 4 of the Central Courthouse, 800 N H...
2023.08.02 Motion to Compel Arbitration and Stay Underlying Litigation 162
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.02
Excerpt: ...TMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, JULY 24, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. PLAINTIFF HAS CONTESTED THE TENTATIVE The Motion of Defendant Sutter Bay Hospitals ("Sutter") to Compel Arbitration and to Stay t...
2023.08.02 Motion to Set Aside Notice of Settlement and Restore Case to Active Docket 656
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.02
Excerpt: ... active docket on the ground that Defendant Fernanadina Y Quiambao ("Defendant") defaulted in making payments pursuant to the Stipulated Settlement Agreement between the parties. (See D'Anna Decl., and Exh. 1.) Plaintiff seeks to set aside the Notice of Settlement under Code of Civil Procedure secton 473(b). Plaintiff contends that the Notice of Settlement was filed due to the mistake, surprise, inadvertence and/or neglect of Plaintiff's counsel ...
2023.08.02 Motion to Compel Production of Records 984
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.02
Excerpt: ...IED. Plaintiff's request for sanctions is also DENIED. Defendant seeks Plaintiff's medical/psychological records, which are personal records as defined in Code of Civil Procedure section 1985.3(a)(1). Giang Decl„ 98. A Notice to Consumer dated May 27, 2022 was included with the subpoena in compliance with the requirements of Section 1985.3(b), (e) regarding consumer records. ld.; Exh. A. This procedural requirement has therefore been satisfied....
2023.08.01 Motion to Compel Production of Records, for Sanctions 984
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.01
Excerpt: ...IED. Plaintiff's request for sanctions is also DENIED. Defendant seeks Plaintiff's medical/psychological records, which are personal records as defined in Code of Civil Procedure section 1985.3(a)(1). Giang Decl„ 98. A Notice to Consumer dated May 27, 2022 was included with the subpoena in compliance with the requirements of Section 1985.3(b), (e) regarding consumer records. ld.; Exh. A. This procedural requirement has therefore been satisfied....
2023.08.01 Motion to Compel Arbitration 162
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.01
Excerpt: ...TMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, JULY 24, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. PLAINTIFF HAS CONTESTED THE TENTATIVE The Motion of Defendant Sutter Bay Hospitals ("Sutter") to Compel Arbitration and to Stay t...
2023.08.01 Motion for Summary Judgment, Adjudication 071
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.01
Excerpt: ...3. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO AUGUST 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Plaintiff's Notice of Motion incorrectly states that the hearing will be held at the Court's Redwood City address, rather than the correct address for Department 4 of the Central Courthouse, 800 N H...
2023.08.01 Demurrer to FAC 417
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.01
Excerpt: ... without leave. A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of achon under any legal theory, as a matter of law. (New Livable Cal. v. Association of Bay Area Gov'ts (2020) 59 cal.App.5th 709, 714-715; Genis v. schainbaum (2021) 66 cal.App.5th 1007, 1014.) The demurrer may be made to the entre complaint or to any of the ca...
2023.07.28 Demurrer 181
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.28
Excerpt: ...is SUSTAINED WITH LEAVE TO AMEND. To state a claim against a public entity, "every fact material to the existence of its statutory liability must be pleaded with particularity." (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) Plaintiffs fail to plead material facts with particularity against CCSF, and instead include the same general allegations against all defendants regarding liability for dangerous condition of public p...
2023.07.28 Demurrer 113
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.28
Excerpt: ...ge in a good faith interactive process; (6) retaliation for exercising rights under FEHA; (7) retaliation in violation of CFRA; (8) failure to prevent harassment, discrimination, and retaliation; (9) whistleblower retaliation; (10) wrongful termination in violation of public policy; (11) violation of Business and Professions Code S 17200 et seq. After filing their Answer, Defendants demurred to Plaintiff's third cause of action, harassment, on th...
2023.07.28 Demurrer 158
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.28
Excerpt: .... Standing Plaintiff has not alleged an interest in the Property. Although he alleges that he attempted to adversely possess the Property, and that he attempted to buy it at public auction, he does not allege that either attempt vested him with an interest, nor do the alleged facts support such a conclusion. A complaint filed by a party who lacks standing is subject to demurrer because it fails to state a cause of action by the particular named p...
2023.07.28 Motion for Summary Judgment, Adjudication 331
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.28
Excerpt: ...cises its discretion to not rule on Plaintiffs' Objections to the Declaration of Marites Reddy or Defendant's Objections to Exhibits D and H to the Declaration of Vanessa Efremsky (police report and toxicology report). None of the challenged evidence was material to the Court's disposition of the motion. (Code of Civ. Proc. S 437c, subd. (q).) A. Workers' Compensation Is the Sole Remedy for Plaintiffs' Claims. In general, workers' compensation be...
2023.07.28 Motion to Compel Arbitration and Stay Litigation 381
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.28
Excerpt: ...arbitration all claims raised in the Complaint. This action is STAYED pending resolution of the arbitration proceedings. Defendant Greystar Management Services, LP ("Greystar") moves here to compel Plaintiff Giovanni Bruschi's claims regarding his former employment with Greystar. The parties do not dispute that a valid arbitration agreement governed by the Federal Arbitration Act (the "FAA") covers at least some of the claims asserted in the Comp...
2023.07.28 Motion to Expunge Lis Pendens, Demurrers 158
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.28
Excerpt: ...nts' request for judicial notice is GRANTED pursuant to Cal. Evidence Code Section 452(c). The Notice of Pendency of Action relating to 15 Salmark Court, Hillsborough, California, APN 038-181-250 ("Property"), recorded on January 20, 2022, in the office of the County Clerk-Recorder of San Mateo County, Document Number R0003203261 is hereby expunged. Cal. Code of Civil Procedure Section 405.20 allows a party to an action who asserts a real propert...
2023.07.27 Motion to Quash Subpoena, for Sanctions 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.27
Excerpt: ...in this case is premature, and discovery of Mr. Carneghi's work as a consulting expert concerning his appraisals is protected by attorney privilege. Defendants respond that "Carneghi must be made available as a fact witness so that he may testify about the physical descriptions of all the lots that he perceived." (Opp., p.13.) According to Defendants, "If not permitted to depose him at this tme and only after he was formally disclosed, [Defendant...
2023.07.27 Motion for Summary Judgment, Adjudication 809
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.27
Excerpt: ... $9,744.60 on the counts for an open book account and account stated. The final judgment shall be entered in accordance with such upon termination of the action. A. Legal Standard on Summary Judgment or Adjudication Pursuant to Code of Civil Procedure secton 437c, a party may move for summary judgment if it contends that there is no defense to the action. (Code of Civ. Proc., S 437c, subd. (a)(l).) In addition, "[al party may move for summary adj...
2023.07.27 Motion for Reconsideration 777
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.27
Excerpt: ...iled within 10 days' notice of the order being challenged. (Code of Civ. Proc. S 1008, subd. (a). The order was entered December 29, 2021, but no Proof of Service is on file showing that the Order was served on any party. Therefore, the 10-day limit does not preclude a motion for reconsideration. Regardless, the motion is denied for failure to demonstrate the existence of new or different facts, c:ircumstances, or law that were not before the Cou...
2023.07.25 Motion to Compel Arbitration and Stay Litigation 162
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.07.25
Excerpt: ... 1, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. The Motion of Defendant Sutter Bay Hospitals ("Sutter") to Compel Arbitration and to Stay the Underlying Litigation is GRANTED. Sutter seeks to compel arbitration on the ground that there is an agreement to arbitrate the claims alleged in Plaintiff Michael L...
2023.07.25 Demurrers 701
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.07.25
Excerpt: ...2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. Defendants James Kochman's and Terrie Kochman's Demurrer to Plaintiff Tellus App, Inc.'s Complaint is OVERRULED. Defendants shall serve an answer within five calendar days of notice of entry of order. (Code of Civ. Proc., S 1167.3; Cal. Rules of Court, rule 3.1320(g).) Defendants James Kochman and Terrie Kochman (collectively "the Kochmans") here specially demur to the C...
2023.07.25 Application for Payment of Fees and Discharge 627
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.07.25
Excerpt: ...DOPTED AT THE AUGUST 1, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON JULY 25, 2023. For the reasons stated below, the Court-appointed Referee Hon. Joseph F. Biafore, Jr.'s (Ret.) "Supplemental Application for Payment of Fees and Discharge," filed May 19, 2023, is GRANTED-IN-PART and DENIED-IN-PART. code Civ. Proc. Sects. 873.810; 874.010 et. seq. Background. The Court's prior orders summarize the case background, which th...
2023.07.21 Motion to Seal Trial Exhibits and Testimony 382
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.21
Excerpt: ...ase Information Technology Corp.'s, and Hong Kong NetEase Interactive Entertainment Ltd.'s and Defendants and Cross-complainants Krafton, Inc.'s and PUBG Santa Monica, Inc.'s Joint Motion to Seal Trial Exhibits and Testimony is GRANTED. Plaintiffs and Cross-defendants NetEase, Inc., NetEase Information Technology Corp„ and Hong Kong NetEase Interactive Entertainment Ltd. (collectively "NetEase") and Defendants and Cross-complainants Krafton, In...
2023.07.21 Motion to Quash Service of Summons, Complaint, and Doe Amendment 380
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.21
Excerpt: ...ntage of the CCP 474 Dæ amendment procedure where the plaintiff is ignorant of the defendant's actual identity or the facts that give rise to liability against that defendant. (McOwen v. Grossman 153 Cal.App.4th 937, 942-943.) Plaintiff filed this action on October 16, 2020 but learned of the facts creating liability against defendant afterwards. (Leeds Decl., 3-4; Mish Decl., Ex. B, Werner Decl., 3.) Plaintiff could have discovered the informat...
2023.07.21 Motion to Compel Further Responses 209
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.21
Excerpt: ...RULING PART 2 OF on the Discovery calendar for Friday, July 21, 2023, Line 3, (specially set to be heard at 1:30 pm. by Jude Pro Tem Scott aorrowman) PLAINTIFFS PEBBLEBROOK HOTEL, LP, PEBBLE8ROOK HOTEL TRUST, SERENITY NOW, LP, A DELAWARE LIMITED PARTNERSHIP, LET IT FLHO, LR A DELAWARE LIMITED PARTNERSHIP, GEARY DARLING, LP. A DELAWARE IMITED PARTNERSHIP, SF TREAT, LP, A DELWARE LIMITED PARTNERSHIP'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTE...
2023.07.21 Motion for Protective Order, for Monetary Sanctions, to Quash Subpoenas 651
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.07.21
Excerpt: ...er Re Depositions Of Mydatt Employees Jeffrey Knipmeyer And Fred Anderson And Request For Monetary Sanctions Pro Tem Judge Robert Kane, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all par...

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