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2023.10.30 Motion for Summary Judgment 702
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.30
Excerpt: ...e absence of any extrinsic evidence, the Court may "determine the parties' intentions as disclosed by the lease itself, looking at the plain language" of the contract, "viewed within the lease as a whole." (Frittelli, Inc. v. 350 N. Canon Drive, LP (2011) 202 Cal.App.4th 35, 44.) Although Paragraph 9 is titled "Indemnification of Lessor" and includes language of indemnification, the first sentence of Paragraph 9 is tantamount to an exculpatory cl...
2023.10.30 Demurrer 473
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.30
Excerpt: ...tes that Defendant's counsel's meet and confer declaration states that the parties met and conferred via email. (Schultz Decl., '1 2.) However, CCP S 430.41 requires the parties to meet and confer "in person or by telephone." Any subsequent failure to file a meet and confer declaration will result in the matter being ordered off calendar. Defendant demurs to Plaintiff's Third Cause of Acton for Breach of Implied Warranties of Fitness and Merchant...
2023.10.27 Motion for Sanctions 494
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.27
Excerpt: ...ntiff") moves the Court to impose a nonmonetary sanction under CCP S 128.7 by striking the eight affirmative defenses put forth in Defendant Ampex Engineering and Construction Inc. ("Ampex" or "Defendant"). According to Plaintiff, the sanctions are warranted because Defendant's affirmative defenses are meritless and insuffciently supported by legal or factual argument and evidentiary support. A CCP S 128.7 motion involves strict adherence to a tw...
2023.10.27 Demurrer to Amended Complaint 444
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.27
Excerpt: ... person or by telephone. See Cal. Code of Civ. Proc. Section 430.41. The Court, in its discretion, has ruled on the merits of the Demurrer. In future, any demurrer that is not supported by a code compliant meet and confer declaration may be ordered off calendar until a compliant declaration is filed. Defendant contends that Plaintiff's Opposition was untimely served. Reply 1:19-25. While the Opposition was timely filed, it was served via regular ...
2023.10.25 Motion to Vacate Demurrer on SAC 168
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.25
Excerpt: ...or Plaintiff in July 27, 2023. Although Jones presented evidence that she was on maternity leave from March 28, 2023 to June 26, 2023, there is no valid excuse or explanation from the other two attorneys as to why they did not take action on behalf of Plaintiff. Indeed, Plaintiff's counsel were able to promptly file and serve the Second Amended Complaint on April 21, 2023 in the midst of Jones' maternity leave. It is further puzzling, because the...
2023.10.25 Demurrer, Motion to Strike 500
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.25
Excerpt: ...ended Complaint for the fifth cause of action. Defendant's Demurrer to the fifth cause of action to the extent that it claims fraudulent concealment of a defective battery know to be defective at the tme of sale of the vehicle is SUSTAINED WITH LEAVE TO AMEND. Contrary to the Code of Civil Procedure, Plaintiff fails to s#cifically allege the amount of damages claimed under this cause of achon for fraud. Further, Plaintiff fails to identify a sing...
2023.10.24 Petition for Writ of Mandate 305
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.24
Excerpt: ...NG: Joel Drotts brings this petition for writ of mandate requesting that this court order the Department of Motor Vehicles (DMV) to cease applying Vehicle Code section 13352, subdivision (hereinafter all statutory references are to the Vehicle Code) in an arbitrary and capricious manner found to violate his right to equal protection under the law in accordance with Code of Civil Procedure section 1085. (Amended Opening Brief and Pleading for Writ...
2023.10.24 Motion for Summary Judgment, Adjudication 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.24
Excerpt: .... This court must: (1) "identify the issues framed by the pleadings because the court's sole function on a motion for summary judgment is to determine from the submitted evidence whether there is a 'triable issue as to any material fact;' " (2) determine whether the moving party has met its statutory burden of proof under Code of Civil Procedure section 437c, subdivision (o); if the moving party has met statutory burden of proof, determine whethe...
2023.10.24 Motion for Final Approval of Class Action Settlement 057
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.24
Excerpt: ...worked in California for Defendant Sutter Bay Hospitals between July 20, 2015 and January 31, 2023. On April 25, 2023, this court gave preliminary approval to the class and PAGA settlement plaintiffs and defendant. As set forth in the Declaration of Cassandra Polites on behalf of the claims administrator, Ilym Group, Inc. (Ilym), on July 21, 2023, in accordance with the preliminary approval order, Ilyrn mailed out the approved class notices to 22...
2023.10.24 Joint Motion for Reconsideration 188
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.24
Excerpt: ...inds that the motion was timely filed. A motion for reconsideration generally must be brought "within 10 days after service upon the party of written notice of entry of the order..." (Code of Civ. Proc., S 1008 subd. (a).) The notice of entry of order was served by email on September 15, 2023 and the moton was filed on September 27, 2023, making the motion timely when adding the two days for the electronic service. The court denies the motion for...
2023.10.23 Demurrer to FAC 907
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.23
Excerpt: ...r Judicial Notice (RJN) is GRAN ED. (Evid. Code Sect. 452(c).) Background. Plaintiff's 11-17-22 FAC alleges that Plaintiff Mboma started working as an for Defendant DPR Constructon in 2020. Plaintiff alleges that Defendants discriminated against her due to her race/national origin and her pregnancy/sex, that Defendants harassed and retaliated against her, and ultmately terminated her. Plaintiff's FAC asserted 20 total causes of action, six (6) of...
2023.10.20 Motion for Summary Adjudication 494
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...uction Inc. ("Ampex" or "Defendant") is an employer required under the California Labor Code to carry workers' compensation insurance. According to the Complaint, Defendant obtained this coverage from State Compensation Insurance Fund ("SCIF") but failed to pay the amounts requested on SCIF's "premium bills" or "final audit statements" covering the period of June 6, 2016 to November 26, 2018. SCIF sent three "premium bills" to Ampex: a bill for $...
2023.10.20 Demurrer, Motion to Seal, to Further Seal 924
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...(FAC) does not relate back to the filing of the original complaint because the FAC is based on a primary right different from the one pleaded in the original complaint. The argument is unpersuasive. Relevant to this demurrer, Defendant makes two (1) Entwio, which contains the antibody vedolizumab, which binds to a protein identified as a4ß7 and (2) a product (unnamed in the pleadings) that contains an antibody that binds to a protein identified ...
2023.10.20 Motion to Quash Subpoenas 798
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...e had an Informal Discovery Conference ("IDC") with the Court. Here, no IDC was conducted in this action prior to Plaintiff's August 7, 2023 Motion to Quash. The Motion is subject to denial for this reason, as well as on its merits. Medical Records Subpoena Defendant's medical records subpoenas seek medical records including: All written and electronic medical documents pertaining to the history, care, treatment and/or examination of Wisam Ibrahi...
2023.10.20 Motion for Summary Adjudication 508
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...tion of this claim alleged in his First Amended Cross-complaint. A crosscomplainant meets his or her burden of showing there is no defense to a cause of action if that party proves each element of the cause of action entitling the party to judgment on the cause of action. Civ. Proc. S 437c(p)(1).) Once the cross-complainant meets that burden, the burden shifts to the cross- defendant to show that a triable issue of one or more material facts exis...
2023.10.20 Motion for Summary Judgment 140
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...how that (1) the plaintiff was in actual peaceful possession of the premises at the time of the entry; (2) a forcible entry has ucurred: i.e„ either that the entry was nonconsensual or not pursuant to "orderly legal pruess;" (3) plaintiff was deprived of possession either by the unlawful entry or by separate conduct; and (4) plaintiff is seeking to ræover possession. (Cal. Prac. Guide Landlord-Tenant Ch. 7-A, S 7:18, et seq.) The declarations ...
2023.10.19 Motion to Strike FAC 214
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...ures LLC v. Kings Mountain Road LLC et al. (23-CIV-02211), and Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23-ClV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23-ClV-02214) Defendant moves to strike certain portions of Plaintiffs' operat...
2023.10.19 Motion to Strike FAC 211
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...erty Ventures LLC v. Kings Mountain Road LLC et al. (23-CIV- 02211), and Zambezi Creek Road LLCv. Kings Mountain Road LLC et al. (23-ClV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Woodside Property Ventures LLC v. Kings Mountain Road LLC et al. (23-ClV-02211) Defendant moves to strike certain portions of P...
2023.10.19 Motion to Strike FAC 210
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...t al. (23-ClV-02210), Woodside Property Ventures LLC v. Kings Mountain Road LLC et al. (23-ClV-02211), and Zambezi Creek Road LLC v. Kings Mountain Road LLC et al. (23- CIV02214). All three cases relate to flooding during atmospheric river storms in Northern California, which each of the respective Plaintiffs allege was caused by the actions of Defendants. Emygd-us Holdings, LLC, et al. v. Kings Mountain Road LLC, et al. (23-ClV-02210) Defendant ...
2023.10.19 Motion for Trial Preferences and Excuse from IDC Program 004
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...a preference to a petitioning party over age 70 when it finds that (1) the party has a substantial interest in the action as a whole and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. A motion for preference need only be supported by an affidavit "signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis a...
2023.10.19 Motion for Summary Judgment, Adjudication 813
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.19
Excerpt: ...s GRANTED in part and DENIED in part as set forth below. Defendant West Bay Sanitary District's Request for Judicial Notice is GRANTED as to all items. Defendant West Bay Sanitary District's Objections to the Declaration of Richard Li are OVERRULED as to all items. Defendant West Bay Sanitary District ("WBSD") moves here for summary adjudication of the second through fifth causes of action as set forth in the Second Amended Complaint (the "SAC")....
2023.10.18 Motion to Compel Responses 173
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.18
Excerpt: ...NISTRATIVE SERVICES LLC for residents at BURLINGAME HEALTH CARE CENTER during the time period that Ms. CYNTHIA JENNINGS was a resident at BURLINGAME HEALTH CARE CENTER. No. 22: All "review tool" manuals from which ROCKPORT ADMINISTRATIVE SERVICES LLC will any e-mail "load files" in response to the discovery requests in this First Set of Requests for Production. As part of the meet and confer process, Plaintiffs stated that they were amenable to t...
2023.10.18 Demurrer to Complaint 235
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.18
Excerpt: ...d Telios. Plaintiff's Complaint does not provide details on the relationship between her and Telios, but merely lumps Kartos and Telios together at the beginning of the Complaint as Defendants or collectively, "the Company." Plaintiff's Complaint does not allege that she entered into a contract of any kind with Telios, and the attached offer letter is only on behalf of Kartos and signed by Kartos offcers. In regard to the demurrer of Kartos, alth...
2023.10.17 Demurrer, Motion to Strike 683
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.17
Excerpt: ...lists the incorrect address for the Court. (Sep. 13, 2023 Notice of Demurrer, p. 2.) The address for Department 4 is 800 North Humboldt Street, San Mateo, California 94401. The First Amended Complaint (the "FAC") asserts ten causes of action against Fidel and Guadalupe regarding a dispute over ownership to a mobile home situated at Space 11 of 250 San Mateo Road in Half Moon Bay (the "Property"). Fidel and Guadalupe here demur to each of these ca...
2023.10.17 Motion for Judgment on the Pleadings 439
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.17
Excerpt: ...led a declaration pursuant to Code of Civil Prmædure section 439 attesting to a proper meet and confer prior to the filing of this Motion. In the Court's discretion, the Court has chosen to overlook this procedural defect in this instance. Defendant is cautioned and reminded, however, to strictly comply with all court rules and meet and confer requirements going forward. This case is related to Case No. 23ClV02234, captioned PNC Bank N.A. v. Yin...
2023.10.17 Motion to Compel Further Responses, for Monetary Sanctions, OSC Re Contempt 555
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.17
Excerpt: ...ument requests on plaintiff. On August 26, 2022, she and on November 15, 2022, she filed amended response. Efforts at informal resolution between the parties, but without an Informal Discovery Conference, failed necessitating this motion, which was filed on January 31, 2023. The motion is untimely because it was not brought within 45 days of the services of the verified amended responses. "Unless notice of this motion is given within 45 days of t...
2023.10.16 Motion to Set Aside and Vacate Judgment 282
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.16
Excerpt: ...nt"). Plaintiff Jose David Sanchez, a former employee of Defendant, initially brought a complaint to the Labor Commissioner. The Labor Commissioner is empowered to hold administrative "Berman" hearings to provide an ex#ditious and less costly means to adjudicate wage claims. (Lolley v. Campbell (2CM) 28 Cal.4th 367, 372-373.) The parties settled the claim and agreed that Defendant would pay Plaintiff (via the Labor Commissioner) settlement sums a...
2023.10.16 Motion to Compel Further Responses, for Sanctions 643
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.16
Excerpt: ... DENIED without prejudice. A motion for an order compelling further responses to interrogatories must file a meet and confer declaration that states "facts showing a reasonable and faith attempt at an informal resolution of each issue presented by the motion." of Civ. Proc., S 2015.010; see id., at S 2030.300, subd. he purpose of these statutory requirements is to make civil discovery self-executing, without the need for judicial intervention. (T...
2023.10.16 Demurrer, Motion to Strike 075
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.16
Excerpt: ...he ground of fraud or mistake. Cal. Code of Civil Procedure Section 338(d). Plaintiff's cause of action for fraud is based on events that took place from July to September of 2017. Complaint, 99, 16. This action was filed more than three years later, on September 20, 2021. This cause of action is therefore time-barred on the face of the Complaint, and the Demurrer is SUSTAINED on this basis. Defendant additionally argues that the Complaint fails ...
2023.10.16 Demurrer 365
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.16
Excerpt: ...econd, and Eighth Causes of Action, arguing that they do not sufficiently state a cause of action. The Court finds that these three claims are adequately pled at the pleading stage, for the reasons stated below. Legal standard. A demurrer is used to challenge defects that appear on the face of the pleading, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer assumes all fact...
2023.10.16 Demurrer 313
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.16
Excerpt: ...z, Rebecca Yuhasz, Chase Yuhasz and Max Yuhasz (collectively "Plaintiffs") is OVERRULED. The FAC alleges a single cause of action for Declaratory Relief. Plaintiffs allege that an actual controversy exists between Plaintiffs and Defendants regarding the amount of attorneys' fees and costs, if any, to which Defendants are entitled to Plaintiffs' recovery from the Fire Victim Trust. (FAC 33.) Defendants claim they are entitled to the entire contrac...
2023.10.12 Petition for Relief Re Business Records Subpoena 557
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.12
Excerpt: ...ta Platforms, Inc. shall produce the records identified in the subpoena no later than fifteen (15) days after service of written notice of the formal order. Petitioner Daniel Golenda here seeks to enforce a domesticated subpoena duces tecum served on Respondent Meta Platforms, Inc. ("Meta") on June 29, 2023. The subpoena asks for business records circumscribed to those that may be used to identify the anonymous defendant of a pending acton filed ...
2023.10.12 Motion to Compel Responses, for Sanctions 460
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.12
Excerpt: ...Against Defendant Vital Restoration and Counsel," filed Aug. 8, 2023, is GRANTED-IN-PART and DENIED-IN-PART, as set forth below. Plaintiff's Aug. 8, 2023 Request for Judicial Notice is GRANTED. (Evid. Code Sect. 452(d).) All objections are waived; the right to respond to Interrogatories by producing documents is also waived. As set forth in the supporting Klapperich declarations and attached exhibits, Defendant failed to serve timely responses to...
2023.10.12 Demurrer 369
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.12
Excerpt: ...tatus (eighth), disability (ninth), and disability (tenth), on the grounds that Plaintiff "fails to plead what the alleged harassment was, who allegedly harassed her, when they allegedly harassed her, how the alleged harassment was tied in any way to a protected characteristic, and how the alleged harassment created a hostile work environment." (MPA, p.l.) According to Defendant, "In the absence of any after three opportunities to save her claims...
2023.10.12 Demurrer 311
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.10.12
Excerpt: ...n in propria persona. CCP S 391.7(a). In support of his demurrer, Defendant attaches to a declaration the following: a copy of the vexatous litigants list which includes an entry for "Leslie Fields" with no middle initial, an excerpt from the docket from a San Bernardino County case, Madrigal v. Fields, Case No. SCVSS 111685 ("the San Bernardino County case") which contains a notation for "Prefiling Order — Vexatious Litigant" on January 9, 201...
2023.10.11 Demurrer 489
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.11
Excerpt: ...njunctive relief, and the sixth cause of action for declaratory relief. Defendant's Demurrer to the Complaint as to the third cause of action for an accounting is SUSTAINED WITH LEAVE TO AMEND. An action for accounting lies when the complainant sues for recovery of an unascertained amount that cannot be determined without an accounting. (St. James Church v. Superior Court (1955) 135 Cal.App.2d 352, 259.) The third cause of action is based on the ...
2023.10.11 Motion for Distribution of Interpleader Funds 700
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.11
Excerpt: ...ut by CCP S 386 and relevant caselaw. As an initial matter, this motion lacks a proof of service as required by California Rules of Court Rule 3.1300(a), and therefore there is no indication that any party to this action received requisite notice. The Court previously noted this omission when denying Plaintiff's previous motion to distribute interpleader funds. A proof of service is a basic requirement of any motion, and Plaintiff's moton can be ...
2023.10.11 Motion for Leave to Amend Answer 809
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.11
Excerpt: ... this Defendant, on a case that has been pending for years, and after discovery concluded, and after motions for summary judgment were heard. No gtnd cause is given for the delay. Further, the affirmative defense fails to state a viable defense, as it is evident from the motion that the Floating Home Residential Law does not apply to Docktown Marina. Defendant asserts that evidence has been obtained showing that 8 slips at Docktown Marina had sho...
2023.10.11 Motion to Tax Costs 220
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.10.11
Excerpt: ...imple collection case seeking an unpaid portion of a loan for approximately $11,Cü3. Plaintiff seeks $5,495.65 in costs follow-ng entry of judgment in their favor. Defendant seeks to tax $4,648.15 in costs. These costs solely pertain to two writs of attachment—an original writ and an amended writ—which Plaintiff sought following Defendant's request of a trial de novo. A prevailing party is entitled to certain costs as a matter of right. CAL....
2023.10.10 Pitchess Motion 397
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...closure of otherwise protected personnel and other files of police officers, if certain statutory provisions are satisfied. California Evidence Code secton 1043 et seq. govern such motons and provide the only mechanism for obtaining, in either criminal or civil proceedings, material made confidential by Penal Code section 832.5. Section 1043, subdivision (b) requires that the motion include: (1) identification of the proceeding, the party seeking...
2023.10.10 Motion to Unseal 457
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...is no real prejudice based upon the late filing and based upon plaintiff's explanation, the court has considered the opposition. Defendant has filed a motion to unseal. No specific documents are identified.. Thus, the court assumes that defendant seeks to unseal all documents in the court file which have been sealed. On June 7, 2023, the court heard a motion to modify the protective order, which raised similar issues to the issues raised here. Th...
2023.10.10 Motion to Set Aside Entry of Default 272
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...tements made in plaintiffs' opposition at page 7 as there is no citation to the any evidence; therefore the court finds that Defendant's Objections to Evidence are moot. On July 17, 2023, plaintiffs filed their complaint and on July 27, 2023 served defendant Manal Elghandour. On August 29, 2023, plaintiffs requested entry of default against this defendant. On September 5, 2023, defendant moved for relief from default. The court in exercising its ...
2023.10.10 Motion to Modify Preliminary Injunction, for Monetary Sanctions 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...ved quickly based upon plaintiffs' representations. The oneyear rental seemed reasonable at the time to balance the parties' rights. Two years later, the case is still not at issue. The same reasons that the court granted Lei's original right to lease the property support the continuaton of this modification. The court denies both parties' request for sanctions. Plaintiffs have always taken the position that the court should not have granted the ...
2023.10.10 Motion to Consolidate Related Case 254
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...plaintiffs' counsel represents the plaintiffs in both cases and it appears that all defendants who have been served, appeared and not dismissed received notice of this motion. If true, the court finds that the failure to file the notice in both cases has caused no prejudice and the procedural defect will be overlooked by the court. Plaintiff is to file by 11: a.m. on October 10, 2023 and email Department 4 and all the parties, a list of all parti...
2023.10.10 Motion for Summary Judgment 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ... threshold matter, the Court finds that the Complaint is the operative pleading. The Complaint alleges one cause of action for motor vehicle negligence against Defendant Brayan Florian Perez ("Defendant"). On November 4, 2020, the Court granted Plaintiff leave to file a First Amended Complaint to add a punitive damages claim against Defendant. (See November 4, 2020 Minute Order.) The Court also denied without prejudice Plaintiff's Motion for Leav...
2023.10.10 Motion for Judgment on the Pleadings 492
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...trict high school. (See San Mateo Union High School District v. Educational Testing services (N.D. cal., Aug. 30, 2013, No. C 13-3660 saA) 2013 WL 4711611.) For the reasons stated below the court DENIES defendant San Mateo Union High School District's (District) Motion for Judgment on the Pleadings, filed Aug. 18, 2023, directed to Plaintiff's November 8, 2022 Second Amended Complaint (SAC). The court grants defendant's request for judicial Notic...
2023.10.10 Demurrer to SAC 172
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.10
Excerpt: ...tte Sun Group, LLC's and Evan Haskell's Demurrer to Plaintiff TGA Franklin F299 LLC's First Amended complaint is SUSTAINED WITH LEAVE TO AMEND as discussed below. Plaintiff TGA Franklin F299 LLC is to file a Third Amended Complaint no later than ten (10) days after service of written notice of the Court's ruling. PlaintiffTGA Franklin F299 LLC's Request for Judicial Notce is DENIED as irrelevant. (Licudine v. Cedars-Sinai Medical Center (2016) 3 ...
2023.10.09 Motion to Compel Expert Communications 290
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.09
Excerpt: ...Mayer communicated with his attorney concerning Plaintiff Mayer's expert testimony. Any privilege that existed between Plaintiff Mayer and his attorney as to communications regarding expert testimony was waived when Plaintiff Mayer testified as an expert at his deposition. Plaintiff has already agreed to produce such documents but stated that none exist. (Mayer Deposition, attached as Exhibit G to Moving Declaration of Varnica.) The motion is DEN...
2023.10.09 Motion for Leave to File Amended Complaint 905
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.09
Excerpt: ...the Court sustained Defendant's Demurrer to Plaintiffs Third Amended Complaint, in part, with respect to the second, third, fourth, fifth, and sixth causes of acton therein, without leave to amend at that time because leave to allege those causes of action was not within the scope of the leave to amend permitted by the Court's December 9, 2022 Order. The denial of leave to amend on July 10, 2023 was issued without prejudice to granting leave to a...
2023.10.09 Demurrer to FAC 259
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.10.09
Excerpt: ...ich are directed to the FAC'S Third Cause of Acton, which asserts a claim for "foreclosure of mechanic's lien." As explained below, the Court finds that these arguments are not grounds for a demurrer. Defendant Rose's unopposed Request for Judicial Notice, filed 4-25-23, is GRANTED as to Ex. 1 (Evid. Code Sect. 452(d)), and GRANTED as to Ex. 2. (Evid. Code Sect. 452(h).) As to the USPS website page, the Court takes judicial notice of the contents...

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