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2505 Results

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2023.12.22 Demurrer 979
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2023.12.22
Excerpt: ...ed in the complaint. To be sure, the Reply make a new argument that the trade secret allegations are insufficient, but that's a new argument not properly before the court. Cf., High Sierra Rural Alliance v. County of Plumas (2018) 29 Cal.App.5th 102, 112 n.2. (2) An intentional interference with contract is a wrong in and of ftself, and the complaint states that cause of action. Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130, 1142. The ...
2023.12.22 Application for Writ of Possession 320
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2023.12.22
Excerpt: ...ssion regarding a 2020 Kia that plaintiff allegedly wrongfully possesses. The court denied Budget's writ application on September 5, 2023. Budget now seeks another writ of possession over the same car in a nearly identical writ application filed October 10, 2023. This is a renewed motion under CCP 1008(b). Section 1008(b) requires a party bringing a renewed motion to submit an affidavit [or declaration] identifying new or different facts, circums...
2023.12.21 Motion to Compel Further Responses 450
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.12.21
Excerpt: ...part, as follows: Timeliness of Motion Unless notice of a motion to compel further responses to interrogatories is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories. Cal. Code of Civil Pro...
2023.12.21 Demurrer, Special Motion to Strike 109
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.12.21
Excerpt: ... for Judicial Notice (RJN) is GRANTED in its entirety. (Evid. Code Sect. 452(d).) The Court hereby incorporates its Order denying Defendant Evernote's Special Motion to Strike the FAC'S asserted claims. Although a SLAPP motion, unlike a demurrer, permits the Court to consider evidence external to the pleading, here, Evernote's ant-SLAPP motion and this demurrer involve overlapping issues and analyses. Thus, the Court incorporates, herein, its Ord...
2023.12.21 Demurrer 274
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.12.21
Excerpt: ...tiffs Third Amended Complaint is: (1) being presented primarily for an improper purpose to harass Defendant, (2) the fraud claim is not warranted by existing law, and/or (3) is devoid of evidentiary support. (See Code of Civ. Proc. S In order to obtain sanctions under section 128.7, the moving party must show that other party's conduct in asserting the claim was objectively unreasonable. (Kumar v. Ramsey (2021) 71 Cal.App.5th 1110, 1120.) A claim...
2023.12.21 Motion for Sanctions 937
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.12.21
Excerpt: ... improper purpose to harass Defendant, (2) the fraud claim is not warranted by existing law, and/or (3) is devoid of evidentiary support. (See Code of Civ. Proc. S In order to obtain sanctions under section 128.7, the moving party must show that other party's conduct in asserting the claim was objectively unreasonable. (Kumar v. Ramsey (2021) 71 Cal.App.5th 1110, 1120.) A claim is objectively unreasonable if " 'any reasonable attorney would agree...
2023.12.20 Motion for Summary Judgment, Adjudication 289
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.12.20
Excerpt: ...n on Plaintiff Lorie Jones' Complaint. For the reasons below, summary judgment is warranted. A. Legal Standard on Summary Judgment "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (Code Civ. Proc., S 437c, subd. (a)(l).) A cause of action has no merit if one or more of its elements cannot be separately established or an affir...
2023.12.19 Motion for Judgment on the Pleadings 303
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...e regular law and motion calendar, if the court determines that the parties need more time for argument, the court will set another hearing for further briefing. One party has called Department 4 about a power point presentation and, if time allows, the court has no objection to such a presentation. Defendants seek judgment on the pleadings. By stipulation, the parties agreed that this motion is the "proper procedural vehicle to resolve the issue...
2023.12.19 Demurrer 128
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...cause of action and are uncertain. (Notice at p. 2 citing Code Civ. Proc., S 430.10, subd. (e),(f).) The court agrees. The court first notes that the proofs of service ("POS") of defendant's demurrer, supporting documents and reply do not include plaintiff's zip code although plaintiff includes it in the complaint and the zip code is in the court file. The United States Post Office explains that zip code delays delivery. (https://faq.usps.com/s/a...
2023.12.19 Motion for Judgment on the Pleadings 536
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...location of the hearing].) The parties should be aware that the Hon. Nancy L. Fineman, Department 4 is located at the Central Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401. The court provided this information to the parties through the tentative ruling for the April 4, 2023 hearing and the hearing's minutes. Defense counsel is ordered to contact plaintiff by 4:00 p.m. on Monday, December 18, 2023 to provide the proper loca...
2023.12.19 Motion for Leave to Amend Complaint 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...ourt repeats the tentatve issued on December 11, 2023: The court rules on plaintiff Delma Jefferson's motion for leave to file an amended complaint (Plaintiff moves to file a "Second" Amended Complaint, but the record shows that no First Amended Complaint is on file) as follows: Defendant Brayan Perez properly objects that plaintiff failed to provide proper notice yet also responded substantively on the merits. A defendant who does not receive pr...
2023.12.19 Motion to Strike Supplemental Expert Designation, for Monetary Sanctions 534
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...y sanctions against plaintiff Daniel Jay Fried's counsel and the court GRANTS plaintiff Daniel Jay Fried's motion for leave to augment his expert designation on the following conditions: (1) Joseph R. Pohlot be made available no later than January 3, 2024 and plaintiff pay the cost for an expediated deposition transcript (responsible only for the cost associated with the expediated amount); (2) defendant may designate its own expert economist no ...
2023.12.19 Demurrer, Motion to Strike 479
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ... many of its vehicles, including a vehicle sold to Plaintiff, thereby fraudulent concealing a material defect in the vehicles and putting Plaintiff and other consumers at increased risk. AHM demurs to the second cause of action in the Complaint, fraudulent concealment, on the following grounds: (1) failure to state a cause of action because Plaintiff has not adequately alleged that AHM owed Plaintiff a duty of disclosure; (2) uncertainty, unintel...
2023.12.15 Motion for Summary Judgment, Adjudication 881
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2023.12.15
Excerpt: ...issues to be adjudicated and is supported by an 18-page Separate Statement of undisputed Material Facts. Plaintiffs' Opposing Separate Statement is more than three times as long and supported by 60 exhibits consuming more than 1,300 pages. Plaintiffs' Opposing Separate Statement does not further the purpose of the Separate Statement requirement, but rather hinders it. Plaintiffs' Opposing Separate Statement does not allow the Court to easily iden...
2023.12.15 Motion for Determination of Good Faith Settlement 304
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2023.12.15
Excerpt: ... Cory L Cooper ("Cooper"), a real estate agent who was associated with Defendant Dwell Realtors ("Dwell") at the time of the transaction, failed to properly obtain Mr. Driker's signature on the cancellation addendum. Plaintiff then decided again to sell the property in 2021 and hired Cooper, who was by then associated with Defendant Compass California II, Inc. ("Compass"), to facilitate the sale, again to Mr. Driker. Shortly after Plaintiff hired...
2023.12.15 Demurrer to FAC 906
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2023.12.15
Excerpt: ...ritten notice of the formal order. The First Amended Complaint (the "FAC") asserts two causes of action, for conversion and for intentional infliction of emotional distress ("IIED"). Vinogradova demurs here to the second cause of action for IIED on the grounds of uncertainty and that fails to state facts sufficient to state a cause of action. (Code of Civ. Proc., S 430.10, subd. (e)—(f).) Vinogradova offered no argument in support of her specia...
2023.12.14 Demurrer to FAC 004
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.12.14
Excerpt: ...iary duty," and "breach of contract") the Demurrer is OVERRULED. As to Cause of Action No. 2 ("elder abuse"), the Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc. sect. 430.10(e).) Defendants' 10-24-23 Request for Judicial Notice (RJN) is GRANTED as to Exhs. A & B (Evid. code sect. 452(c)), and GRANTED as to Exhs. C, D, E(l), (2), and (3), and F (Evid. code sect. 452(d).) The RJN is DENIED as to Exhs. E(4), (5) and (6) on grounds th...
2023.12.13 Motion to Strike 046
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.12.13
Excerpt: ...aint at paragraphs 36—37, 39, and 4142. Plaintiffs Abdulrahman Alkablany and Majdy Alkablany shall, jointly and severally, pay Defendants Severum, LLC's and Dean Najdawi's reasonable attorney fees in the amount of $4,000 no later than thirty (30) days after service of written notice of this order. Defendants Severum, LLC's and Dean Najdawi's Objections to Evidence are SUSTAINED as to items nos. 1 and 4—5 and OVERRULED as to nos. 2—3 and 6. ...
2023.12.13 Motion to Compel Arbitration, Joinder 793
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.12.13
Excerpt: ...to Compel Arbitration, in which defendant Giyasim Babayev has joined, is GRANTED pursuant to Code of Civil Procedure, secton 1281.2. Where a party petitions the court alleging the existence of a written arbitration agreement, contends that another part refuses to arbitrate a controversy covered by the agreement, and the court determines that an agreement to arbitrate the controversy exists, it shall order the parties to arbitration unless the cou...
2023.12.13 Demurrer, Motion to Strike 393
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.12.13
Excerpt: ...ts filed their Demurrer to the initial Complaint, plaintiff Martin Lanfranco ("Plaintiff") filed a First Amended Complaint ("FAC"). he parties stipulated that the Demurrer would be treated as a Demurrer to the FAC instead, and the stipulation was approved by the Court. (Stipulation and Order filed November 30, 2023.) Thus, the Court treats this Demurrer as a Demurrer to the FAC. Defendants loan Depot and Perrez's Demurrer to the First Cause of Ac...
2023.12.12 Motion for Discharge, for Reasonable Attorney Fees 550
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ... Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1126.) First, the court determines whether plaintiff may bring the action and force the claimants to interplead. (ld. at pp. 1126-1127.) Second, if it is so determined, then the court discharges plaintiff and then determines the rights of the various claimants to the property deposited with the court. (ld. at p. 1127.) In this case, Plaintiff has not demonstrated that all Defendants have answered ...
2023.12.12 Demurrer to FAC 691
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ... As a preliminary matter, the First Amended Complaint (the "FAC") included a fourth cause of action for civil conspiracy in violation of the Court's order granting leave to amend. The cause of action was not included in the prior Complaint, and Gibbs was given leave to amend only to assert a personal claim for damages identified in the Complaint's first three causes of acton. (Aug. 22, 2023 Order.) While the fourth cause of action is therefore su...
2023.12.12 Demurrer, Motion to Strike 167
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ...bitration Provision) (RJN, Ex. A); (2) Costco Member Offer Program 4Q 2020 Incentive, Customer - Dealer Agreement and Pricing Sheet (Ex. B); and (3) 2020 Traverse FWD LS Vehicle Window Label ("Monroney Sticker") (Ex. C). (Evid. Code S 452, subd. (h).) None of the requested documents are referred to in the Complaint. (Contra RJN, p. 1:12-16 (citing to Complaint "1 14, 16, 48, 51, 53, 59, 61—62, 65, 71, 91, 109, 113).) The Court finds distinguish...
2023.12.12 Demurrers 933
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ..., and DENIES the request as to Exhibit 2. The court notes that the notice to the demurrer is not signed, plaintiff does not object and the court finds the error nonconsequential. Counsel though is reminded to make sure that all pleadings are signed. 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 action under any legal theory...
2023.12.12 Motion for Leave to Amend Complaint 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ...motion for leave to file an amended complaint (Plaintiff moves to file a "Second" Amended Complaint, but the record shows that no First Amended Complaint is on file) as follows: Defendant Brayan Perez properly objects that plaintiff failed to provide proper notice yet also responded substantively on the merits. A defendant who does not receive proper notice is in a difficult position. (Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1267-1268 [dis...
2023.12.12 Motion to Enforce Settlement 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ...PEAR (Zoom appearance is acceptable), and if possible, their clients should be available for consultation. By ex parte application, the court put this motion on calendar on shortened time. Due to Judge Fineman's mistake, she put the date for opposition as the date of the hearing. The court appreciates counsel for defendants Yafei Liu, Chao Liu and Zhiying Qui (collectively opposing defendants) filing their opposition on December 5, 2023. If any o...
2023.12.12 Motion to Quash Service of Summons, Demurrer 159
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ...ss-Defendants Route Advisors, Miriam Liang, and Joe Liang. (Code Civ. Proc., S 418.10.) Route Advisors and the Liangs did not waive the right to challenge personal jurisdiction. Crosscomplainants ZRa',' Transportation, Inc. and Araceli Avellaneda argue that by filing a demurrer together with a motion to quash service of Summons, Route Advisors and the Liangs have made a general appearance, and thus have waived the right to challenge personal juri...
2023.12.12 Motion for Summary Judgment, Adjudication 843
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.12
Excerpt: ...ded to the Court, preferably at the time that the notice of motion and other motion papers are filed. At the outset, the Court is hard-pressed to evaluate the merits of the motion without first being able to determine that service was proper, as service and notice are so fundamental to concepts of due process as to be deemed jurisdictional in nature. (Oats v. Oats (1983) 148 Cal.App.3d 416, 420.) Plaintiff's opposition brief rests solely on the i...
2023.12.11 Motion to Compel Further Production of Records, for Sanctions 896
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.12.11
Excerpt: ...0 for an order compelling Plaintiff Swenberg to provide responsive documents to the Document Request Nos. 21, 22, 80, 88, 89, 100-103, 105, and 113-118 which were attached to Dmarcian's Second Amended Notice of Continued Deposition to Plaintiff. In particular, Dmarcian seeks the production of the following documents: First category: mitigation documents Relating to Agari: consulting agreement, invoices, records of payments, and any 1099 form from...
2023.12.11 Motion for Issue, Evidentiary, Terminating, and Monetary Sanctions 314
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.12.11
Excerpt: ... DISCOVERY PROCESS BY PLAINTIFFS OLE TRAVEL INC. AND OLE VENTURES INC. TENTATIVE RULING: The Motion of Plaintiffs Ole! Travel Inc. and Ole Ventures Inc. ("Plaintiffs") for Monetary Sanctions, Issue Sanctions, Evidentiary Sanctions, Terminating Sanctions and/or Contempt Sanctons against Defendant Timothy Alexander is DENIED WITHOUT PREJUDICE. Plaintiffs filed this Motion on March 5, 2023, which was originally set for hearing on September 11, 2023....
2023.12.11 Demurrer, Motion to Strike 741
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.12.11
Excerpt: ..., and OVERRULED in part as to the general demurrer to the SAC as being barred by collateral estoppel, as follows. Defendant's Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code Section 452(d). Collateral Estoppel as to Entire SAC OVERRULED. Collateral estoppel applies when an issue determined in a prior adjudication is identical to that presented in a subsequent action, the prior adjudication resulted in a determination on the ...
2023.12.08 Motion for Trial Preference 148
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2023.12.08
Excerpt: ...il action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court finds both that the party has a substantial interest in the action as a whole, and that the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Section 35(a) "is mandatory and absolute in its applicaton in civil cases whenever the litigants are 70 years old." ...
2023.12.07 Motion to Quash Deposition Notice and Subpoena, to Compel Further Responses 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.12.07
Excerpt: ... Deborah Q. Ruddock by Defendants and Cross-complainants Thomas J. Gearing and Daniel K. Gearing (collectively, the "Gearings") on August 31, 2023. For the reasons set forth below, the motion to quash is granted. A. Deposition Not Warranted Code of Civil Procedure section 1987.1 permits a party to move for an order quashing a subpoena and authorizes the Court to enter appropriate protective orders. (Code of Civ. Proc., S 1987.1 subds. (a)—(b).)...
2023.12.07 Demurrer 377
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.12.07
Excerpt: ... defenses. A party may demur to an answer on grounds of failure to state facts sufficient to constitute a defense. (CCP S 430.20.) The determination of whether an answer states a defense is governed by the same principles which are applicable in determining if a complaint states a cause of action. (South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732.) The allegations of the pleading demurred to must be regarded as true, but a demurrer...
2023.12.06 Motion for TRO, OSC Re Preliminary Injunction 366
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.12.06
Excerpt: ...On November 13, 2023, plaintiff applied ex parte for a temporary restraining order and order to show cause why a preliminary injunction should not issue. This Court granted plaintiff's ex parte application, and issued a temporary restraining order enjoining the termination of PG&E services to the premises and ordering that any previously terminated PG&E services be restored. The matter is now before the Court on an order to show cause why a preli...
2023.12.06 Motion for Summary Judgment, Adjudication 552
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.12.06
Excerpt: ...Summary Judgment (MS]), filed August 24, 2023, which seeks summary judgment of all claims asserted against each of them in Plaintiff Liezel De Guzman's August 31, 2022 Second Amended Complaint (SAC), is GRANTED as to each of defendants RTR, MERS, and Boedeker. (Code Civ. Proc., S 437c.) Accordingly, the moving defendants' alternative Motion for Summary Adjudication (MSA) is DENIED AS MOOT. (Code Civ. Proc., S 437c.) Defendants' request for adjudi...
2023.12.05 Motion for Summary Judgment 816
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.05
Excerpt: ...ositions, and matters of which judicial notice shall 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. Here, there is no opposition; thus, the court ...
2023.12.05 Demurrer 308
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.05
Excerpt: ...is unlawful detainer Complaint is defective. The Complaint alleges that Defendants' tenancy is exempt from the Tenant Protection Act of 2019 ("Act") based on Civil Code section 1946.2(e)(8). Defendants argue that section 1946.2(e)(8) only applies to residential real property "that is alienable separate from the title to any other dwe ling unit." Since the notice includes "Unit #1" in the property address, Defendants contend that this reference to...
2023.12.05 Demurrer to SAC 076
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.05
Excerpt: ...RTIES BY 4:00 2M. ON MONDAY, NOVEMBER 27, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO DECEMBER 5, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE DECENBER 5, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 28, 2023. DEFENDANT PROVIDED NOTICE THAT SHE IS CONTESTING. For the reasons stated below, defendant Kathryn Castricone's demurrer, filed 10-13-23, which is...
2023.12.05 Demurrer to SAC 555
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.05
Excerpt: ...PTED AT THE DECEMBER 5, 2023 HEARING. Defendant Bren Farrell's Demurrer to the Second Amended Complaint ("SAC") is OVERRULED as to the first through sixth causes of action. (Code Civ. Proc. S 430.10, subd. (e), (f), (g).) Defendant's request for judicial notice of the Complaint, First Amended Complaint and Second Amended complaint is GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED THEREIN. Plaintiff's request to file a Notice of Errata to ...
2023.12.05 Motion to Compel Further Responses, for Monetary Sanctions, to Permit Discovery of Financial Condition 275
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.05
Excerpt: ...TING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4:00 P.M. ON MONDAY, NOVEMBER 27, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO DECEMBER 5, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE DECENBER 5, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 28, 2023. PLAINTIFF PROVIDED NOTICE THAT HE IS CONTESTING. Plaintiff's Mohon to Compel Further Resp...
2023.12.05 Motion to Approve Settlement of Claims 119
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.05
Excerpt: ...intiff's motion for approval of a settlement of claims brought pursuant to the Private Attorney General's Act (PAGA). On October 24, 2023, plaintiff's counsel submitted a renewed motion for an order approving the settlement, including supplemental declaration addressing the court's concerns. In ruling on settlements involving PAGA claims, this court has a duty to independently determine whether a settlement is fair, reasonable and adequate. (Moni...
2023.12.05 Motion to Attach Order, for Issuance of Pre-Judgment Writ of Attachment 085
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.05
Excerpt: ...D. As a preliminary matter, the Notce of Application and Hearing incorrectly lists the address of the Court. Hearings for Department 4 are held at 800 North Humboldt Street in San Mateo, California 94401. On the merits, the unopposed application satisfies all procedural requirements, and its supporting declarations and documentary evidence are sufficient to find all the facts prerequisite to the issuance of a right to attach order and writ. First...
2023.12.05 Motion to Compel Arbitration 267
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.05
Excerpt: ...he court regardless of whether the arbitrator determines arbitrability. (Code of Civ-l Proc„ S 1281.2, subd. (a); Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961- 964.) To prove waiver, plaintiff must show (1) knowledge of an existing right to compel arbitration; and (2) intentional acts inconsistent with that existing right. (Hill v. Xerox Business Services, LLC (9th Cir. 2023) 59 F.4th 457, 468.) In taking into account the totality...
2023.12.05 Motion to Seal, to Enforce Settlement 485
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.05
Excerpt: ... ADOPTED AT THE DECEMBER 5, 2023 HEARING. Defendant uber Technologies, Inc.'s ("Uber") Motion to Seal, filed 10-20-23, is GRANTED. (Cal. Rules of Court ["CRC"], Rules 2.550(d); 2.551). Uber's Motion seeks to seal the following two documents: • Unredacted Declaration of Matthew J. Michelsen in support of Motion to Enforce Settlement (lodged on 10-25-23); unredacted Memorandum of Points and Authorities in support of Motion to Enforce Settlement (...
2023.12.04 Motion to Compel Discovery Responses 896
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.12.04
Excerpt: ... served form interrogatories, a first set of special interrogatories, and a first set of document requests on Plaintiff. (Defendant's Request for Judicial Notice ("RJN") Ex. C-1.) After some back and forth with Plaintiff's counsel, Defendant requested an Informal Discovery Conference ("IDC") before Commissioner Mau, which was held on June 5, 2023. (ld.) Plaintiff agreed to serve substantive supplemental discovery responses by June 13, 2023. (ld.)...
2023.12.04 Motion for Judgment on the Pleadings 075
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.12.04
Excerpt: ... Reply Request for Judicial Notice is DENIED because none of the requested matter is material to the Court's evaluation of Defendants' motion. l. ABO COMIX STANDING The motion is DENIED as to A. 8.0. for lack of standing. The cases cited by County do not support this motion. In the case of Creed-21 v. City of Wildomar (2017) 18 Cal.App.5th 690, the complaint alleged that the plaintiff organization was "formed and operating under the laws of Calif...
2023.12.04 Demurrer 914
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.12.04
Excerpt: ...ice of Appeal "fails to state a cause of action" against the Fields, and/or improperly names them as parties (real parties in interest) in this appeal. (Code Civ. Proc. Sect. 430.10(d), (e).) The function of a demurrer is to test whether, as a matter of law, the facts alleged in the complaint state a cause of achon under any legal theory. Intengan v. BAC Home Loans Servicing, LP (2013) 214 Cal.App.4th 1047, 1052. Code Civ. Proc. Sect. 389(a) stat...
2023.12.04 Demurrer 610
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.12.04
Excerpt: ...to amend, as to the Special Demurrer to the First Cause of Acton ("COA") for Civil Rights Violations pursuant to Cal. Code of Civil Procedure Section 430.10(e). OVERRULED with respect to the general Demurrer to the Complaint and the remaining special demurrers. General Demurrer OVERRULED. Defendants argue that each cause of action in the Complaint must be dismissed pursuant to Heck v. Humphrey, (1994) 512 U.S. 477 ("Heck") because the claims impl...
2023.12.01 Motion to Set Aside Default, Judgment 546
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2023.12.01
Excerpt: ...ed on October 16, 2020, after failing to heed the summons purportedly served on him. (Oct. 16, 2020 Request for Entry of Default; see Sep. 21, 2020 Proof of Service of Summons by Substituted Service.) More than two years later, Plaintiff Scottsdale Insurance Co. ("Scottsdale") requested a default judgment, and judgment was entered against McNulty in the amount of $433,448.73 on March 30, 2023. (Mar. 22, 2023 Request for court Judgment; Mar. 30, 2...

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