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2023.03.01 Motion for Summary Judgment, Adjudication 922
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.03.01
Excerpt: ... GRANTED. A. Request for Continuance In the memorandum of points and authorities supporting her opposition, Defendant contends that “discovery in this matter remains ongoing, with significant discovery items still outstanding,” that “numerous issues related to the allegations contained within the Cross-Complaint for property damage have yet to be fully explored or adjudicated,” and therefore “considering summary judgment at this point i...
2023.03.01 Demurrer to Petition for Writ of Mandate 738
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.03.01
Excerpt: ...TAINED WITH LEAVE TO AMEND. Code Civ. Proc. Sect. 430.10. The Demurrer is unopposed. See CRC 8.54(c) (“A failure to oppose a motion may be deemed a consent to the granting of the motion.”). Respondents' 10-28-22 Request for Judicial Notice is GRANTED as to Exhibits A-C. Evid. Code Sect. 452(c). Petitioner Nussbaum shall file and serve a Second Amended Petition for Writ on or before April 3, 2023. All asserted claims appear to be time-barred o...
2023.02.28 Motion to Vacate Renewal of Judgment 305
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.28
Excerpt: ...n the amount of $17,086.48. On November 11, 2022, Plaintiff's assignee filed the renewal of judgment, which on December 20, 2022 was served by mail on Defendant. On January 24, 2023, Defendant filed a motion to vacate the renewal of judgment. While Defendant admits to receiving notice of the lawsuit in 2011, he states under penalty of perjury that he was never personally served with the summons and complaint in the action and that he was at work ...
2023.02.27 Motion to Set Aside Dismissal on Demurrer, OSC Re Contempt 698
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.02.27
Excerpt: ...of Peide An and Xiao Chen Liu is DENIED. 1. Section 1008(b) Is Inapplicable. IMUSIC asserts Code of Civ. Proc. section 1008(b) as the basis for this motion. (Notice of Motion at 2:7-8.) Section 1008, subdivision (b), however, pertains only to renewed motions. The present motion is not a renewed motion. The previous proceeding was Liu's and An's demurrer and the order sustaining demurrer. Since the present motion is not a renewal of any motion bro...
2023.02.27 Motion to Seal 207
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.02.27
Excerpt: ...re exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. The clerk of the court is hereby ordered to seal the following doc...
2023.02.24 Motion for Summary Judgment, Adjudication 641
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.02.24
Excerpt: ...ary Judgment (MSJ), filed 12-8-22, is DENIED. (Code Civ. Proc. Sect. 437c). Continental's alternative Motion for Summary Adjudication (MSA) is GRANTED-IN-PART and DENIED-IN-PART, as set forth below. Preliminary comment regarding filed evidence. Both parties have submitted a large volume of documents/evidence, much of which is not cited with particularity (i.e., by page and line number) in the parties' papers. Much of the evidence is not reference...
2023.02.24 Motion for Protective Order, to Amend Complaint 283
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.02.24
Excerpt: ...ct Their Home is GRANTED. Any inspection by Defendants or Cross-defendant of the property located at 515 Summit Springs Road in Woodside, San Mateo County, California will be limited to exclude any inspection of the interior of the residential structure located on the property. Upon the motion of any person and a showing of good cause, a court is authorized to enter an order requiring an “inspection…be made only on specified terms and conditi...
2023.02.24 Demurrer 732
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.02.24
Excerpt: ...layman's terms, the ‘barriers' that denied him full and equal access.” MPA, p.8. The Court agrees with Defendant. Plaintiff alleges that he “observed or encountered the following non-compliant conditions: There was not enough knee or toe clearance under the outdoor dining surfaces,” in violation of ADA Standard for Accessible Design, § 306. Complaint, ¶ 11. Plaintiff's assertion that he “observed or encountered” the condition, howev...
2023.02.24 Demurrer 073
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.02.24
Excerpt: ...Cross-Complaint fail because Cross-Complainant admits that Plaintiff Juan Cid (“Plaintiff”) was Cross-Defendant's employee. (See Cross-Defendant's Request for Judicial Notice, Exh. A, Cross-Complainant's Case Management Conference Statement.) However, while the Court may take judicial notice of court records and GRANTS Cross-Defendant's request as to Exhibits A-C, it may not take judicial notice of the truth of the matters asserted in Cross-C...
2023.02.23 Motion to Compel Responses, for Monetary Sanctions 789
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.02.23
Excerpt: ...quest for Production of Documents, Set Two (Motion) is GRANTED. Plaintiff's request for monetary sanctions is GRANTED IN PART and DENIED IN PART. As a threshold matter, the Court notes that Defendant filed his opposition on February 10, less than 9 court days before the hearing date in violation of Code of Civil Procedure section 1005, subdivision (b) and rule 3.1300, subdivision (a) of the California Rules of Court. But even upon considering Def...
2023.02.23 Motion for Attorney Fees 806
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.02.23
Excerpt: ...e the prevailing party on their anti-SLAPP motion and are therefore entitled to recover their attorney's fees and costs. Under Code of Civil Procedure section 425.16, subdivision (c)(1),” a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs.” “Given the express legislative preference for awarding fees to successful anti-SLAPP defendants, a party need not succeed in stri...
2023.02.23 Demurrer 777
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.02.23
Excerpt: ...order. Defendant's Motion to Strike is DENIED. Defendant's Request for Judicial Notice is GRANTED with respect to the items numbered 1–7, 10, and 13–16 and DENIED with respect to the items numbered 8–9 and 11–12. I. DEMURRER As a preliminary matter, Defendant's Demurrer addresses both the “Objection to Demurrer Motion [¶] Amended Complaint” (Objection) and “Amended Complaint and Petition for Protection under the American Disabiliti...
2023.02.21 Motion for Determination of Good Faith Settlement 339
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.21
Excerpt: ...ourt sets out the tentative provided for the February 14, 2023 hearing: The parties are to APPEAR (Zoom appearances are allowed) on Defendant/Cross-Defendant Broadway by the Bay's (“Broadway”) Motion for Determination of Good Faith Settlement. The Court's tentative, in evaluating the policies under Code of Civil Procedure §877.6 and Tech-Bilt Inc., v. Woodward-Clyde & Assoc. (1985) 38 Cal. 3d. 488, 499 is to continue the motion to allow disc...
2023.02.21 Motion in Limine 901
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.21
Excerpt: ...he date and nature of the acts and pleadings, but not necessarily for the truth of facts asserted within the documents. Julian Volunteer Fire Co. Assn. v. JulianCuyamaca Fire Protection Dist. (2021) 62 Cal.App.5th 583, 600, review denied (June 30, 2021); Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7. The Court, as the parties point out, has already ruled on many of these issues. Now that evidence has been presented through Phase 1 of t...
2023.02.21 Motion to Compel Further Responses 236
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.21
Excerpt: ... for Production Nos. 3 and 7 seek information relating to financial statements and financial reports from Philemon Investments during the period from 2015 to 2020. According to Defendants, “[Plaintiff's] restaurant was struggling financially and would have closed regardless of any failed purchase deal with third parties. The information sought in the Requests at issue here are clearly relevant to disprove an element of Plaintiffs' case . . . .�...
2023.02.17 Demurrer, Motion to Strike 702
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.02.17
Excerpt: ...and confer in person or by telephone due to delays caused by injuries to Plaintiff's counsel. The Court, in its discretion, has opted to reach the merits of the Demurrer. Basis for Defense on Face of Pleading Defendant argues that Plaintiff's statements in Plaintiff's March 2, 2021 letter, attached as Exh. B to the First Amended Complaint, that his Senior Inspector position was temporary, create a bar to recovery because they contradict the alleg...
2023.02.17 Demurrer 911
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.02.17
Excerpt: ...aint, filed by Cross-defendants U.S. Bank and Viva Capital 3, is sustained with leave to amend. For purposes the statute of limitations, California law applies. The applicable statute of limitations is one year. A. Statute of Limitations 1. The Court Should Apply the California Statute of Limitations. In general, whether a claim is barred by a statute of limitations “is a procedural matter governed by the law of the forum, regardless of where t...
2023.02.16 Motion to Strike 147
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.02.16
Excerpt: ...o strike, the allegations in the complaint are considered in context and presumed to be true: ‘(J)udges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.' ” (Weil & Brown, supra, at § 7:197.5, quoting Clauson v. Superior Court (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255.) Accordingly, a motion to strike “will be granted only if it is clear that the matte...
2023.02.16 Demurrer to Amended Complaint 147
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.02.16
Excerpt: ...laint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (20...
2023.02.14 Motion to Strike Prejudgment Claim of Right to Possession 261
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ... Procedure § 387(d)(2) provides: “The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” Plaintiff acknowledges that Claimant is seeking to intervene. See Memorandum filed January 24, 2023 at 6. Likewise, Defendant understands that “if I make this claim of possessio...
2023.02.14 Motion to Compel Individual Arbitration, Dismiss PAGA Claims, Stay Proceedings 088
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ... raised in trial courts throughout California as a result of the United States Supreme Court' s decision in by Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 (“Viking River Cruises”).) There are cases winding their way through the California appellate courts on this issue. Based upon the ruling in Viking River Cruises and applicable California law, the Court GRANTS Defendant's motion to compel arbitration of Plaintiff Luz Saavedr...
2023.02.14 Motion for Determination of Good Faith Settlement 339
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ...88, 499 is to continue the motion to allow discovery as to Broadway's financial condition and its insurance coverage. See City of Grand Terrace v. Sup.Ct. (1987) 192 Cal.App.3d 1251, 1265. The parties shall meet-and-confer prior to the hearing to discuss the timing and scope of that discovery. The evidence demonstrates that liability is disputed and there is evidence where a fact finder could find Broadway the primary tortfeasor as well as eviden...
2023.02.14 Demurrer 896
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ...iv. Proc. Sect. 430.10(e)), that the Complaint is “uncertain” (Sect. 430.10(f)), and that this case should be “abated” pending resolution of an earlier-filed civil case involving these same parties (Sect. 430.10(c)). The Court disagrees. The Complaint sufficiently states a cause of action for unlawful detainer (UD). Civ. Code Sect. 1161(1). It alleges that Defendants Broers and Olabi entered into lease agreements for the Premises, that th...
2023.02.14 Demurrer 765
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ... its discretion to still consider it since there does not appear to be any prejudice to the County since it filed a substantive reply. It appears that the opposition was late because Plaintiff did not realize that Monday, February 13, 2023 is a court holiday, a mistake that many people make. The Demurrer is OVERRULED based on failure to allege facts sufficient to support the claim for dangerous condition of public property. “A public entity had...
2023.02.10 Demurrer to FAC 482
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.02.10
Excerpt: ...t (“FAC”) is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs shall file a Second Amended Complaint no later than ten (10) days after service of written notice of entry of this order and the order on the concurrent motion to strike. Legal Standard on Demurrer A defendant may demur to a cause of action in a complaint on the grounds that, inter alia, the pleading does not state facts sufficient to constitute a cause of action, the pleading is uncertai...
2023.02.10 Motion for Attorney Fees 242
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.02.10
Excerpt: ...on, and $4,108.43 in costs for a total of $53,675.43 pursuant to Cal. Civil Code § 1794(d) and the parties' settlement agreement. Plaintiff's Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code §452(d). Defendant's Opposition was due to be filed by January 30, 2023, nine court days prior to the hearing on this Motion. The Opposition was untimely filed on January 31, 2023. The Court, in its discretion, has considered the late-f...
2023.02.10 Motion for Summary Judgment, Adjudication 641
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.02.10
Excerpt: ...native Motion for Summary Adjudication is also DENIED as to each of the five issues set forth in Woodland's 11-10-22 Notice of Motion. In denying this Motion, the Court offers no opinion as to the ultimate merit of the two claims (negligence and breach of warranty) asserted against Woodland. The Court merely finds, based on the evidence presented here, that these two claims cannot be resolved via summary judgment/adjudication. Legal standard on s...
2023.02.10 Motion to Compel Arbitration and Stay Proceedings 762
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.02.10
Excerpt: ...n Rogue (“vehicle”) that came with express warranties by Defendant. (See Defendant's Request for Judicial Notice, Exh. 1.) Plaintiff filed this action on September 7, 2021 claiming that the vehicle was delivered with serious defects and nonconformities to warranty, and that Defendant was unable to repair it and also failed to promptly replace the vehicle or make restitution. (Ibid.) The Complaint alleges three causes of action for violations ...
2023.02.09 Motion for Summary Judgment, Adjudication 717
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.02.09
Excerpt: ...OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION Defendant City of Millbrae's (City) Motion for Summary Judgment or, in the Alternative, Summary Adjudication (Motion) came for hearing before this Court on February 9, 2023 at 2:00 p.m. All parties appeared through their counsel. Having considered all papers filed in support of and in opposition to the Motion, oral arguments of the parties, any testimony and evidence presented at the hearing, and all o...
2023.02.09 Motion for Protective Order 406
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.02.09
Excerpt: ...positions of Golden Gate Produce Terminal Ltd.'s Board of Directors Peter Carcione, Stephen Hurwitz, and Joseph Carcione, Jr (Motion) is DENIED. Plaintiff's request for sanctions is DENIED. Plaintiff contends “apex” depositions of three members of Plaintiff's Board of Directors are improper because Defendant has not made the showing required by Liberty Mutual Ins. Co. v. Superior Court (Frysinger) (1992) 10 Cal.App.4th 1282, 1287-1288 (Libert...
2023.02.07 Demurrer to FAP 493
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.07
Excerpt: ...61 Cal.4th 435, 441; Health and Safety Code § 50003(a). The First Amended Petition alleges facts demonstrating the City's efforts to mitigate the housing crisis in its city. As has become increasingly frequent, solutions to solving the housing crisis comes into potential conflict with policies protecting the environment. In 1970, the California Legislature enacted the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et...
2023.02.06 Motion for Leave to File Amended Complaint 290
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.02.06
Excerpt: ...efects from their prior motion, which the Court had denied on June 15, 2022. The present motion explains the new facts that rise the request to add Rona Maskan as a defendant and that the facts were discovered in April 2021. The present motion also includes the proposed pleading and an explanation of the new allegations. Plaintiffs promptly filed a 4th Amended Complaint on April 26, 2021. A. Plaintiffs Did not Act with Reasonable Diligence As to ...
2023.02.06 Demurrer, Motion to Strike 742
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.02.06
Excerpt: ...eave to amend as to D & B. (Id. at 2:23-6:8.) As to Netwise, plaintiff pleads that its founder and CEO Dwight Gorall sexually assaulted and harassed her at a business event put on by plaintiff and her employer LiveRamp, Inc. (Cmplt. 3:6-4:9.) Civil Code 51.9 (sexual harassment): Plaintiff pleads that she helped host the LiveRamp "executive dinner for its clients and business partners" such as Gorall's Netwise at which Gorall groped and otherwise ...
2023.02.06 Demurrer, Motion to Strike 493
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.02.06
Excerpt: ... pages 3 and 4, paragraphs 19, 21, 26‐29, 31, 34, 35, and items 4 and 7 of the Prayer for Relief in the SAC. Defendants maintain that these portions of the pleading are irrelevant and false. To the extent the Motion relies on the request for judicial notice, it is not well taken. If the documents were accepted as judicially noticeable, to the extent Defendants contest the factual allegations of the pleading it is an evidentiary matter that does...
2023.02.03 Motion to Compel Amended Responses, for Monetary Sanctions 192
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.02.03
Excerpt: ...ries, request for admissions, request for production of documents, and form interrogatory 17.1. DFS GREEN argues that the discovery requests exceed the scope of permissible discovery because they exceed the limitations of GALICHA's PAGA Notice and partially pertain to claims outside of the one‐year limitations period that applies to GALICHA's personal claims. The arguments are unpersuasive. 1. The Statute of Limitations Does not Preclude Discov...
2023.02.03 Demurrer 661
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.02.03
Excerpt: ...e Defendant ARE's 11‐3‐22 Request for Judicial Notice (Lease) is GRANTED, to the extent stated below. Evid. Code Sect. 452(d), (h). Incelldx's Opposition brief argues that as Plaintiff, Incelldx was not obligated to attached the Lease to the Complaint in order to state a cause of action for breach of contract. True or not, that is a separate issue from whether Defendant may properly seek judicial notice of the Lease to support its Demurrer. H...
2023.02.02 Demurrer 466
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.02.02
Excerpt: ...i (collectively, Plaintiffs) concede that the causes of action in their Amended Complaint “are less than well pled.” (Opp., at p. 1.) Instead of opposing the Demurrer on the merits, they attach a Proposed Second Amended Complaint (Proposed SAC) as evidence that leave to amend should be granted. (See Opp., ex. A.) Although the Proposed SAC does not cure all the defects identified by Defendants, the Court cannot conclude that there is no reason...
2023.02.02 Demurrer to FACC 574
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.02.02
Excerpt: ...d confer requirement imposed by Code of Civil Procedure section 430.41, subdivision (a). Plaintiff's meet and confer declaration simply states that “On October 25, 2022, I attempted to meet and confer with Craig Smith, counsel for Cross‐Complainant, regarding a demurrer to the First Amended Cross‐Complaint in this matter. I sent via email the letter attached hereto as ‘Exhibit A' and invited Mr. Smith to have a telephone conference regard...
2023.02.02 Motion for Summary Judgment 594
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.02.02
Excerpt: ...dale Shopping Center (Hillsdale) (collectively, Defendants) is GRANTED. A. Facts Plaintiff Abigail Masic‐Maharaj, a toddler, approached the escalator unaccompanied by an adult. (Statement of Undisputed Facts (SUF), ¶ 1.) Plaintiff fell on the escalator while unaccompanied by an adult. (Id., ¶ 2.) “Immediately after the incident, the escalator was shut down and inspected.” (Id., ¶ 3.) The inspection revealed “[n]o defects or operational...
2023.02.02 Motion to Strike 921
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.02.02
Excerpt: ...rted by an otherwise sufficient claim or defense.” (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group June 2020) § 7:178 (Weil & Brown).) Defendant moves to strike: (1) introductory allegations about the results of surveys on the prevalence of security deposit withholding in California (see Compl., ¶¶ 1‐6) and (2) the punitive damage allegations (see id., ¶¶ 6, 80, 100, 109, 113 & p. 22). As explained below, the M...
2023.02.01 Motion for Summary Judgment, Adjudication 051
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.02.01
Excerpt: ...abandoned, and that claim for relief is DISMISSED. A plaintiff may move for summary judgment in an action if it is contended that there is no defense to the action or proceeding. (Code of Civ. Proc. 437c, subd. (a)(1). A Plaintiff meets its moving burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (Id. sect. 437c, subd...
2023.01.31 Special Motion to Strike Complaint 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.31
Excerpt: ...t repeats its tentative from the September 20 and November 1, 2022 hearing: The Hon. Nancy L. Fineman discloses that she received via regular mail a letter dated August 19, 2022 from Defendant to the Commission on Judicial Performance, which was not served on Plaintiff. The referenced attachments were not enclosed. The special motion to strike, filed by Cross‐defendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐comp...
2023.01.31 Petition for Coordination 264
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.31
Excerpt: ..., Garcia et al. v. Citibank N.A., San Diego Superior Court Case No. 37‐ 2022‐00005196 (“San Diego case”, and Monasterio v. Citibank, N.A., San Mateo Superior Court Case No. 20Civ03650 (“San Mateo case”) should be coordinated pursuant to Code of Civil Procedure section 404 et seq. As a preliminary matter, the Court finds that the actions are complex. They are both wage‐andhour PAGA (Private Attorney General Action) cases. When simila...
2023.01.31 Motion to Quash Subpoenas 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.31
Excerpt: ... privacy is the provision's central concern. (Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 35.) In Hill, we established a framework for evaluating potential invasions of privacy. The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Id. at pp. 35–37.) The party seeking inf...
2023.01.31 Motion for Summary Judgment 806
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.31
Excerpt: ...sed on: (1) an open book, (2) an account stated, (3) goods sold and delivered, and (4) an account extended. However, Plaintiff's memorandum of points and authorities in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.5‐7; see also Proposed Judgment) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is...
2023.01.30 Motion to Set Aside Default 236
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.01.30
Excerpt: ...ty Center, Redwood City. As to the merits, by this motion, Defendant moves for relief from its default on primarily equitable grounds. A court has inherent equitable authority to vacate a default at any time for extrinsic fraud or mistake, even when statutory relief is unavailable. (Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894, 910.) A defendant seeking relief from its default must show generally al...
2023.01.30 Motion for Summary Adjudication 910
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.01.30
Excerpt: ...ining objections are OVERRULED. A party may move for summary adjudication of as to one or more claims of damages if the party contends that there is no merit to the claim. Cal. Code of Civ. Proc. §437c(f)(1). A defendant has met his or her burden on summary judgment of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action cannot be established. Cal. Code of Civ. Proc. §437c(p). Once...
2023.01.30 Motion for Judgment on the Pleadings 407
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.01.30
Excerpt: ...roc. Sect. 438. Legal standard for MJOP. The grounds for an MJOP must appear on the face of the challenged pleading or be based on facts the court may judicially notice. Code Civ. Proc. Sect. 438(d); Tung v. Chicago Title Co. (2021) 63 Cal.App.5th 734, 758‐759. An MJOP assumes that all facts pleaded in the complaint are true, no matter how improbable. Serrano v. Priest (1971) 5 Cal.3d 584, 591; CrossTalk Productions, Inc. v. Jacobson (1998) 65 ...
2023.01.27 Demurrer, Motion to Strike, to Dismiss SAC on Grounds of Forum Non Conveniens 533
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.01.27
Excerpt: ... and Second Cause of Action for Negligent Misrepresentation is OVERRULED on the ground that these claims are preempted by the Railway Labor Act (“RLA”) because they arise under or require interpretation of the collective bargaining agreement (“CBA”) between United and Defendant Association of Flight Attendants‐CWA, AFL‐CIO (“AFA”). The Court previously overruled United's Demurrer on this same ground as to the First Amended Complai...
2023.01.27 Demurrer 751
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.01.27
Excerpt: ...3rd COA for Fraud or Non‐Disclosure; 4th COA for Fraud – Intentional Misrepresentation; 5th COA for Fraud – Negligent Misrepresentation As in the case of Defendant Snowflake's Demurrer, these fraud causes of action do not state a claim for relief. Taking Plaintiff's allegations as true that Defendants had decided to hold an IPO, knew that the IPO would increase the price per share, and withheld the information from Plaintiff in order to ind...
2023.01.26 Demurrer 345
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.01.26
Excerpt: ...Standard On a demurrer, the Court must “assume the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of co...
2023.01.26 Motion to Compel Further Responses and Impose Actions 560
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.01.26
Excerpt: ...The Gearings move to compel further responses to the 104 requests for production (RFPs) contained in Defendant Thomas Gearing's Request for Production of Documents, Sets One and Two (Thomas Gearing Set One and Set Two), and Defendant Daniel Gearing's Request for Production of Documents, Set One (Daniel Gearing Set One). The Gearings served the sets of RFPs on Plaintiff and Cross‐Defendant City of Half Moon Bay (City) on April 26 and May 24, 202...
2023.01.26 Motion for Judgment on the Pleadings, Demurrer 021
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.01.26
Excerpt: ... Association's Demurrer to Plaintiff's Complaint—which is incorporated herein—the MJOP is DENIED as to Plaintiff Brian Peagler's first cause of action under the Unruh Act but GRANTED WITH LEAVE TO AMEND as to his remaining causes of action. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for the Individual Defendants shall prepare a written order consistent with the Court's ruling for the Co...
2023.01.25 Demurrer to FAC 763
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.01.25
Excerpt: ...he First Amended Complaint on or before February 10, 2023. Defendant Peninsula Corridor Joint Powers Board demurs to Plaintiffs' First Amended Complaint on the grounds that the first, second, and fourth causes of action, which allege negligence against Defendant, “are fatally divergent from the tort claims they submitted to Defendants.” According to Defendant, “Plaintiffs' FAC completely altered the factual landscape vis‐a‐vis PCJPB. Th...
2023.01.24 Demurrer 242
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.24
Excerpt: ... Sect. 430.10(e). First Cause of Action (“Violation of Due Process: 42 U.S.C. 1983”) As to First Cause of Action alleging a “Violation of Due Process: 42 U.S.C. Sect. 1983,” the Demurrer is SUSTAINED. Code Civ. Proc. Sect. 430.10(e). First, Plaintiff's Opposition does not appear to meaningfully address this cause of action, or respond to Defendants' contention that the claim is time‐barred. Instead, the Opposition appears to focus solel...
2023.01.23 Motion for Summary Judgment 665
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.01.23
Excerpt: ...asons set forth below. 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 filing or continuance ...
2023.01.20 Motion to Strike 786
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.01.20
Excerpt: ...s of fraudulent concealment with sufficient specificity and therefore may not recover punitive damages. According to Defendant, “As outlined in AHM's demurrer (filed concurrently with this motion to strike), the fraudulent concealment claim is barred for a myriad of reasons, including that AHM did not owe a duty of disclosure as a matter of law and the claim is barred by the Economic Loss Doctrine.” MPA, p.3. Defendant asserts that “Because...
2023.01.20 Motion for Summary Judgment, Adjudication 461
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.01.20
Excerpt: ... defective because none of the supporting medical/hospital records or the depositions transcripts is properly cited. Dr. Kao's Separate Statement, and the 10‐21‐22 Declaration of Dr. Marcus, both repeatedly cite to decedent's medical records, and to portions of deposition transcripts. (See Exhibits to the 10‐21‐22 Kanter Declaration). But none of the medical records or transcripts is properly cited. Code Civ. Proc. Sect. 437c(b)(1) (the S...
2023.01.20 Demurrer to Third Cause of Action for Fraudulent Inducement 786
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.01.20
Excerpt: ...ction for fraudulent concealment on the grounds that Defendant did not have a duty to disclose material facts relating to the alleged sensing defect. According to Defendant, it did not have a duty of disclosure because it did not have exclusive knowledge of the alleged defect and because there was no direct transaction between the parties. A failure to disclose can constitute actionable fraud in four circumstances: (1) when the defendant is in a ...
2023.01.20 Demurrer to SAC 533
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.01.20
Excerpt: ...e First Cause of Action for Intentional Misrepresentation, Second Cause of Action for Negligent Misrepresentation, Third Cause of Action for Interference with Economic Advantage and Opportunity, and Fourth Cause of Action for Intentional Interference with Contractual Relationship is OVERRULED on the ground that the collective bargaining agreement (“CBA”) between Defendant and United Airlines, Inc. (“United”) governs these claims such that...
2023.01.20 Demurrer to FAC 702
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.01.20
Excerpt: ... or by telephone due to delays caused by injuries to Plaintiff's counsel. The Court, in its discretion, has opted to reach the merits of the Demurrer. Basis for Defense on Face of Pleading Defendant argues that Plaintiff's statements in Plaintiff's March 2, 2021 letter, attached as Exh. B to the First Amended Complaint, that his Senior Inspector position was temporary, create a bar to recovery because they contradict the allegations that Plaintif...
2023.01.19 Motion for Summary Judgment, Adjudication 969
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.01.19
Excerpt: ...ment is denied because the Motion addresses only the open book account claim, even though Plaintiff alleges other common count claims in the Complaint. Therefore, Plaintiff has not met its initial burden of establishing that it is entitled to summary judgment. 2. Summary Adjudication Summary adjudication of Plaintiff's open book account claim is denied without prejudice because Plaintiff has not met its initial burden establishing that Defendant ...
2023.01.19 Demurrer to FAC 786
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.01.19
Excerpt: ... set forth in Code of Civil Procedure section 366.2. According to Defendant, “[b]ecause this action is based ‘on a liability of the decedent', i.e. Andrew Goldstein, C.C.P. section 366.2 was triggered upon Andrew's death. HSBC had one year from Andrew's death to bring its action and HSBC alleged that Andrew died on November 18, 2014. (FAC, ¶18.) The action is therefore barred by C.C.P. section 366.2.” The Court of Appeal, however, already ...
2023.01.19 Demurrer to FAC 470
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.01.19
Excerpt: ...D IN PART and SUSTAINED IN PART WITH LEAVE TO AMEND. Defendants' Evidentiary Objections are OVERRULED. Defendants' Request for Judicial Notice (RFJN) of the Facebook Memorial Page is DENIED. The RFJN is GRANTED in all other respects. 1. Legal Standard On a demurrer, the Court must “assume the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of ...
2023.01.17 Demurrers to SAC 997
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.17
Excerpt: ...et forth below. Pizziconi shall fill an amended complaint no later than ten (10) days after service of notice of entry of this order. California Rule of Court 3.1320(g); Code of Civil Procedure § 472b. Bylkylov's Request for Judicial Notice is GRANTED. By this Demurrer, Bylkylov demurs to Pizziconi's Second Amended Complaint (the “SAC”) on the basis that the complaint as a whole and the second through fifth causes of action therein fail to s...
2023.01.17 OSC Re Preliminary Injunction 679
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.17
Excerpt: ...man”), Gail Suzanne Marie Teymourian, and2700 Middlefield Road LLC (collectively “Plaintiffs”) is DENIED. Procedurally, the Court notes that Plaintiffs' memorandum filed in support of the ex parte application and OSC is in excess of the fifteen‐page limit. (See Cal. Rules of Court Rule 3.1113(d).) Therefore, Plaintiffs are cautioned to comply with the page limit requirement in the future, or else the Court may not consider the entirety of...
2023.01.17 Motion for Summary Judgment, Adjudication 774
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.17
Excerpt: ... are minor. For instance, Plaintiffs violated California Rule of Court 3.1350(b). Others are more substantial and have hindered the Court in reviewing the motion. For example, both parties violated California Rules of Court 3.1350(d)(3) by, at times, by failing to cite to specific pages. Plaintiffs also incorporate by reference facts set forth in their motion to class certification without specifying all specific pages. Plaintiff provide hyperlin...
2023.01.13 Motion to Set Aside Default, Quash Service of Summons and Complaint 356
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.01.13
Excerpt: ... 2022 on the grounds of excusable neglect under CCP § 473(b). According to Mr. Bulaya, who is doing business as KJ Millworks, he did not file a timely response to the Complaint “due to the fact that he was unfamiliar with the United States legal system and he was also in an emotional state which was affected by the recent death of his father‐in‐law.” MPA, p.4. Defendants' motion is procedurally defective. Defendants have not attached a p...
2023.01.13 Demurrer 521
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.01.13
Excerpt: ...ts' 10‐17‐22 Demurrer to Plaintiff Samantha Ai's 8‐30‐ 22 Complaint is SUSTAINED‐IN‐PART and OVERRULED‐IN‐PART, as set forth below. The Demurrer to the Second Cause of Action (breach of contract) is SUSTAINED with leave to amend, for the following reasons. First, the Complaint does not allege/identify whether Plaintiff's alleged 2017 contract with Shoreline Education, Inc. was oral or written. See Code Civ. Proc. Sect. 430.10(g). ...
2023.01.12 Motion to Compel Further Responses 446
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.01.12
Excerpt: ...cuments as Subject to Privilege (collectively, Motions) are DENIED as to document nos. 1 and 7‐11 on Defendant Nordstrom, Inc's Second Revised Supplemental Privilege Log (Privilege Log). The parties are ORDERED to appear to discuss document nos. 2‐6 on the Privilege Log. “The attorney‐client privilege, set forth at Evidence Code section 954, confers a privilege on the client ‘to refuse to disclose, and to prevent another from disclosing...
2023.01.12 Motion for Protective Order 446
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.01.12
Excerpt: ...aving reviewed Plaintiff's Seventh and Eighth Amended Complaints and the discovery at issue, the Court finds that the Declarations in Support of Additional Discovery for Defendant's Request for Admissions (Set Three) and Special Interrogatories (Set Three) satisfy the requirements of Code of Civil Procedure sections 2033.050 (request for admissions) and 2030.050 (interrogatories). Specifically, Defendant Nordstrom, Inc. has met its burden of show...
2023.01.10 Motion to Terminate Stay, for Deposit of Rents 369
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.10
Excerpt: ... that under the facts of this case, Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367 requires a stay of this proceeding because if Defendant is successful in Guichang Tian v. Microcredit Loan Fund, San Mateo Case No. 21Civ06731, Plaintiff will not have standing to prosecute this case. Plaintiff attempts to distinguish the case from this proceeding, pointing to the fact that the defendant in that case claimed title for himself while Defendants c...
2023.01.10 Motion to Set Aside Default Judgment 474
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.10
Excerpt: ...rounds on which Defendant brings his motion, must be made “within a reasonable time, in no case exceeding six months” after judgment is entered. (Code of Civ. Proc. § 473(b).) Judgment for possession and judgment for damages were entered on December 19, 2014, and June 10, 2015, respectively. Defendant filed this motion November 22, 2022, more than six months after entry of both judgments. Further, Defendant's having filed a Motion to Tax Cos...
2023.01.10 Demurrer 236
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.10
Excerpt: ...on as required for contract and business interference and failed to alleged an independently wrongful act as required for intentional and negligent interference with prospective economic relations. Order Sustaining Demurrer to Second Amended Complaint filed August 30, 2022. Plaintiffs have filed the Third Amended Complaint adding a cause of action for negligent misrepresentation and additional facts based, inter alia, on deposition testimony of D...
2023.01.06 Motion to Strike 470
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.01.06
Excerpt: ...Allegations re Antitrust Plaintiff seeks to strike the portions of Defendant's FACC alleging that Defendant engaged in antitrust activity on the grounds that Defendant has not asserted an antitrust claim. Defendant responds that “The details of the alleged or believed antitrust constitute the factual pleading elements of her claims under the first, and second causes of action.” Opp., p.4. While Defendant has not alleged an antitrust claim, De...
2023.01.06 Demurrer 470
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.01.06
Excerpt: ...reasons set forth below. 1st COA – Whistleblower Retaliation Plaintiff contends that Defendant cannot establish a claim for whistleblower retaliation in violation of Labor Code § 1102.5 because Defendant fails to allege facts establishing that she was subjected to an “adverse employment action.” In response, Defendant points to the allegation, at Paragraph 110 of the FACC, that “her prospective deals were not approved, she was denied the...
2023.01.04 Motion to Transfer and Coordinate 545
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.01.04
Excerpt: ...Court Case no. C19‐02458 filed November 26, 2019, and (2) a probate action titled In the Matter of the Estate of Raymundo Guzman Sr., San Mateo Superior Court Case no. 19‐PRO‐01521 filed December 9, 2019. Plaintiff brings this Motion pursuant to Code of Civil Procedure section 403 and Cal. Rules of Court Rule 3.500, contending that these actions share common questions of law and fact and that their coordination will promote the ends of just...
2022.12.20 Motion for Sanctions 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.20
Excerpt: ... Civil Procedure section 2030.290, subdivision (c) authorizes a court to impose various sanctions prescribed under Code of Civil Procedure sections 2023.010 and 2023.030 on a party who fails to obey a court order compelling responses to interrogatories. (Code of Civ. Proc., § 2030.290, subd. (c) [all further references are to the Code of Civ. Proc. unless designated otherwise].) Section 2031.300, subdivision (c) authorizes the same with respect ...
2022.12.20 Demurrer to FAC 007
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.20
Excerpt: ... in the First Amended Complaint by Plaintiff Mary Helena Celine Joseph, individually and as successorin‐interest to Gryselda Joseph (“Plaintiff”), is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. The elements of a claim for negligent entrustment of a motor vehicle are: (1) that the driver was negligent in operating the vehicle; (2) that the defendant owned the vehicle or had possession of t...
2022.12.20 Demurrer to SAC 385
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.20
Excerpt: ...e Civ. Proc. Sect. 430.10(e). Defendants' 11‐1‐22 unopposed Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). As to court‐filed documents, the court takes judicial notice of their contents and filing dates, but does not take judicial notice of the truth of statements/allegations therein. The Court notes that after this Demurrer was filed, Plaintiff dismissed all named defendants except for demurring party Walgreen Co. (12‐2...
2022.12.15 Motion to Compel Responses, to Deem RFAs Admitted 970
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.12.15
Excerpt: ...d Mary Altube's Motion to Compel Responses to Written Discovery (Requests for Production of Documents (Set One), Requests for Admissions (Set One), Special Interrogatories (Set One), and Form interrogatories (Set One), served on or about May 12, 2022), to Deem the Truth of Any Matters Specified in the Requests for Admissions Admitted, and for Sanctions (Motion) is GRANTED pursuant to Code of Civil Procedure sections 2030.290, 2031.300, subdivisio...
2022.12.15 Motion for Judgment on the Pleadings 104
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.12.15
Excerpt: ...‐Defendants' Request for Judicial Notice is GRANTED pursuant to Evidence Code section 452. As a threshold matter, it does not appear that Cross‐Defendants met and conferred with Defendant and CrossComplainant James Walsh as required by Code of Civil Procedure section 439, subdivision (a). Although CrossDefendants bring the MJOP under both the common law and Code of Civil Procedure section 438, the availability of a non‐statutory motion for ...
2022.12.14 Motion for Attorney Fees 528
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.12.14
Excerpt: ...the amount of fees requested; and the Court finds the fee request to be inflated. Sahlbach repeatedly and successfully contested service of process by multiple motions to quash. No SLAPP motion to strike or other motion as to the pleadings was called for prior to the time that the Court granted the Plaintiff's request for service by publication, and publication was conducted. The only SLAPP motion was filed in April 19, 2022. The moving paper con...
2022.12.14 Demurrer 383
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.12.14
Excerpt: ...action for conversion in the Second Amended Complaint, by Annie and Jeannie Hung, on the basis of Statute of Frauds is SUSTAINED WITHOUT LEAVE TO AMEND. This claim is based upon an alleged oral contract to either loan or provide as an investment the down payment on the house – which funds were given by Plaintiffs to Defendant voluntarily. Either way, such an agreement regarding real estate must be in writing, pursuant to civil Code sections 109...
2022.12.13 Motion for Summary Judgment, Adjudication 974
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.13
Excerpt: ... for hearing of the motion is less than 30 days before the date of trial – January 11, 2023 – and Plaintiff has not sought or obtained a determination that there is good cause to hear the motion less than 30 days before trial. Accordingly, Plaintiff's motion is procedurally defective under Code of Civil Procedure § 473c. Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268. Defendant seeks sanctions based on Plaintiff's failure to withdraw th...
2022.12.13 Demurrer to TAC 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.13
Excerpt: ...rd Amended Complaint (“TAC”). Plaintiff filed the amended complaints in response to demurrers and motions to strike filed by Defendants before the Court could rule on any of the motions. Finally the demurrers came before this Court for ruling and on November 1, 2022, the Court issued tentative rulings for Defendants Laikun Lei and Kei Leung's demurrer and motion to strike the Third Amended Complaint (“TAC”). The Court granted the joinders...
2022.12.12 Motion to File Records Under Seal 896
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.12.12
Excerpt: ...Notice (filed in support of DMARC Advisor's 4‐19‐22 Demurrer to Plaintiff's Complaint). CRC 2.550 states that “a court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prej...
2022.12.12 Demurrer 896
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.12.12
Excerpt: ... Sect. 452(d)); GRANTED as to Exhibits C, D, E, and F (Evid. Code Sect. 452(f) and (h)); and DENIED as to Exhibits G and H. Plaintiff's 11‐29‐22 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). DMARC Advisor B.V.'s 12‐5‐22 Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(f) and (h). The Demurrer to the Fourth Cause of Action (fraud by concealment) is OVERRULED. Code Civ. Proc. Sect. 430.10(e). DMARC Advisor cor...
2022.12.09 Motion for Summary Judgment, Adjudication 522
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.12.09
Excerpt: ...hments referenced therein. The Court, on its own Motion, takes judicial notice of the pleadings filed in this action, including the attachments to Plaintiff's verified Complaint, the Dutra Decl. filed October 6, 2022 in support of Plaintiff's prior Motion to Compel, including its attachments, and this Court's November 10, 2022 Order, pursuant to Cal. Evidence Code § 452(d). Plaintiff's Complaint alleges three causes of action (COA), all for fail...
2022.12.09 Motion to Compel Further Responses 309
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.12.09
Excerpt: ...rther Responses to Requests for Production of Document is DENIED AS MOOT and the Request for Sanctions GRANTED. By this Motion, Plaintiff Banc of America Leasing & Capital, LLC (“BALC”) sought to compel the further responses of Defendant and Cross‐ Complainant St Giab Inc. (“SG”) to a set of requests for production propounded by BALC on December 8, 2021. After the Motion was filed, SG served verified amended responses along with a privi...
2022.12.09 Motion to Bifurcate 161
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.12.09
Excerpt: ...(b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504. The moving parties seek a court order bifurcating and ordering separate trials of the Second Amended Complaint (SAC) and the Second Amended Cross‐Complaint (SACC). Having reviewed the parties' briefing and exercising its discretion, the Court declines to do so, for the reasons stated below. First, this is not a case in which, if bifurcation were ordered, the first trial wou...
2022.12.09 Motion to Compel Arbitration 254
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.12.09
Excerpt: ... not party to an arbitration agreement between purchaser and Dealer, when the Dealer brings a motion to compel arbitration. The Felisilda case does not, however, address the primary issue, which is whether the nonparty automobile manufacturer itself (rather than the Dealer) may bring a motion to compel arbitration. Ford cannot bring this motion. In Felisilda, the auto Dealer moved to compel arbitration. The court granted the motion, including the...
2022.12.08 Motion for Terminating Sanctions 660
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.12.08
Excerpt: ...S CONSTRUCTION; and DOES 1 through 25, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 20‐CIV‐04521 Assigned for All Purposes to Hon. Danny Y. Chou ORDER GRANTING MOTION FOR TERMINATING SANCTIONS AGAINST PLAINTIFF GANGFENG LAI Plaintiffs Justin Tao's and Linda Lu's unopposed Motion for Terminating Sanctions Against Defendants Atlas Construction and Development, Inc. (Atlas) and America Home Builders, Inc. (AHB) (Motion) came for heari...
2022.12.08 Demurrer 405
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.12.08
Excerpt: ...he Court must “assume the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or ...
2022.12.07 Motion for Summary Adjudication 706
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.12.07
Excerpt: ...ble to dispose of only causes of action, affirmative defenses, claims for damages, and issues of duty. (Code of Civ. Proc. sect. 437c, subd. (f)(1).) Plaintiff's motion does not fall within the scope of section 437c. Even if the Court were to consider the motion on the merits, the motion would fail. Issues for motions for summary adjudication are framed by the pleadings. Summary adjudication cannot be granted or denied on grounds not raised in th...
2022.12.07 Demurrer 487
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.12.07
Excerpt: ...iff wishes to prosecute a claim for punitive damages, Plaintiff must comply with Code of Civil Procedure Section 425.13, pursuant to Central Pathology Service Medical Clinic Inc. v. Superior Court (1992) 3 Cal.4th 181, by bringing a separate motion for leave to amend to add a claim for punitive damages. The one year statute of limitations (“SOL”) applies to Plaintiff's claims for professional negligence pursuant to Code of Civil Procedure Sec...
2022.12.06 OSC Re Dismissal 691
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.06
Excerpt: ...sented by counsel. Defendant correctly pointed out that an entity must be represented in litigation by an attorney. Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 730; CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145; Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101–1103. However, the rule does not deprive a corporation the right to be a party t...
2022.12.06 Motion to Strike 546
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.06
Excerpt: ...017. The Court notes that the proof of service to the reply is not signed. The Court rules on Defendant John Cowan's Motion to Strike portions of Plaintiff Barbie Barrett M.D.'s 8‐31‐22 Complaint as follows. Emotional distress damages While generally, a lawyer does not assume or “create a duty to protect the client's emotional state,” Friedman v. Merck & Co. (2003) 107 Cal.App.4th 454, 472‐473, when “a plaintiff sufficiently alleges i...
2022.12.06 Demurrer 546
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.06
Excerpt: ...rt rules on Defendant John Cowan's Demurrer to Plaintiff Barbie Barrett M.D.'s 8‐31‐ 22 Complaint as follows: Defendant demurrers to the First, Second and Fifth causes of action alleging that they do not state facts upon which relief can be granted because they are not pled with sufficient specificity and/or particularity. Code Civ. Proc. § 430.10(e). The rules for a demurrer are well known: In reviewing the demurrer, the Court construes the...
2022.12.05 Motion to Compel Further Responses 314
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.12.05
Excerpt: ...uest for Production of Documents, categories 1 through 4 and 6 through 16 is GRANTED as to all categories. Defendant's responses on March 1 and April 5, 2021, were blatantly insufficient. Defendant's May 20, 2022, response states that he conducted a diligent search and reasonable inquiry, but is “unable to comply” because the requested documents either never existed, had been destroyed/lost/stolen/misplaced, or has never been or no longer is ...

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