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2023.08.03 Demurrer to SAC 777
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.08.03
Excerpt: ...to Demurrer" filed May 26, 2023 (11 pages), (2) "Objection to Demurrer Amendment" filed June 5, 2023 (3 pages), and (3) "Defendants Demurrer Action and Plaintiff's Points and Authorities" filed June 5, 2023 (10 pages). "Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages." (Cal. Rules of Court ("CRC") Rule 3.1113(d).) All three documents together therefore violate the page limits pe...
2023.07.27 Motion to Quash Subpoena, for Sanctions 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.27
Excerpt: ...in this case is premature, and discovery of Mr. Carneghi's work as a consulting expert concerning his appraisals is protected by attorney privilege. Defendants respond that "Carneghi must be made available as a fact witness so that he may testify about the physical descriptions of all the lots that he perceived." (Opp., p.13.) According to Defendants, "If not permitted to depose him at this tme and only after he was formally disclosed, [Defendant...
2023.07.27 Motion for Summary Judgment, Adjudication 809
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.27
Excerpt: ... $9,744.60 on the counts for an open book account and account stated. The final judgment shall be entered in accordance with such upon termination of the action. A. Legal Standard on Summary Judgment or Adjudication Pursuant to Code of Civil Procedure secton 437c, a party may move for summary judgment if it contends that there is no defense to the action. (Code of Civ. Proc., S 437c, subd. (a)(l).) In addition, "[al party may move for summary adj...
2023.07.27 Motion for Reconsideration 777
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.27
Excerpt: ...iled within 10 days' notice of the order being challenged. (Code of Civ. Proc. S 1008, subd. (a). The order was entered December 29, 2021, but no Proof of Service is on file showing that the Order was served on any party. Therefore, the 10-day limit does not preclude a motion for reconsideration. Regardless, the motion is denied for failure to demonstrate the existence of new or different facts, c:ircumstances, or law that were not before the Cou...
2023.07.20 Motion to Strike FAC 921
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.20
Excerpt: ...person arising from any act of that person in furtherance of the person Is right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." (CINIe of Civ. Proc. S 425.16(b)(1).) The Court consid...
2023.07.20 Motion to Amend Complaint 004
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.20
Excerpt: ...is interest in real property through undue influence, seek restitution and a constructve trust on the profits Defendants allegedly made as a result, add a cause of action for breach of fiduciary duty, and remove the intentional infliction of distress claim in the original Complaint. Defendants object to amendment because they argue that the issues here are res judicata, that the causes of action are barred by the statute of limitations and do not...
2023.07.13 Demurrer
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.13
Excerpt: ...LC ("Urban") and Evan Haskell demur to the Second Amended Complaint's First and Second Causes of Action generally, on the basis that it does not state facts sufficient to constitute a cause of achon against Haskell, and specially, on the bases of misjoinder and uncertainty. (See Code of Civ. Pru., S 430.10, subds. They also demur generally to the Second Cause of Action, on the basis that it is superfluous. They also demur specially to the entire ...
2023.07.06 Motion to File Records Under Seal 883
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.06
Excerpt: ...xists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substanŸal 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 restricŸve means exist to achieve the overriding interest. Cal. Rules of Court, rule 2.550(d); NBC Subsidiary, Inc. v. Super. C...
2023.07.06 Motion to Compel Mediation 921
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.06
Excerpt: ...udes a mediation clause, courts generally do not order/compel parties to attend, and pay for, private mediations, because mediations are inherently voluntary. See Jeld-Wen, Inc. v. Superior Court (2007) 146 Cal.App.4th 536, 540, explaining: Mediation is defined as a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement During this process, a neutral ...
2023.07.06 Motion for Determination of Good Faith Settlement 548
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.06
Excerpt: ...ion of plaintiffs' total recovery and the settlor's proportionate liability, (2) the amount paid in settlement, (3) the allocation of settlement proceeds amongst plaintiffs, (4) financial conditions and insurance policy limits of settling defendants, as well as (5) the existence of collusion, fraud, or tortious conduct aimed to injure the interests of non-settling defendants, and (6) a recognition that a settlor should pay less in settlement than...
2023.07.06 Demurrer 517
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.07.06
Excerpt: ...OA — Fraudulent Inducement Defendants demur to Plaintiff's first cause of action for fraudulent inducement on the grounds that "there are no allegations identifying any 'material fact' that either Mr. Fleming or Mr. Nanduri concealed during the hiring process." (MPA, p.5.) The Court agrees with Defendants. Plaintiff alleges that she was "promised her job security, a reasonable share of Onc.Al, and a proper salary," and that Defendants represent...
2023.06.29 Demurrer to FAC 369
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.29
Excerpt: ...tile work environment on the basis of harassment due to her race (sixth), gender/sex (seventh), marital status (eighth), disability (ninth), and associative 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 ...
2023.06.29 Motion to Enforce Liability on Undertaking on Appeal 047
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.29
Excerpt: ..., Plaintiff seeks to add the three surety entities to the existing Judgment, and to amend the amount of the existing Judgment to account for (a) accrued interest, and (b) three prior awards of attorney's fees/costs, which remain unpaid. The Motion is opposed only by the two Loanvest entities (the sureties), and only in part. Brief background. In Nov. 2016, the parties entered into a Settlement Agreement, pursuant to which Defendants agreed to pay...
2023.06.29 Motion to Set Aside Entry of Default, Judgment 135
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.29
Excerpt: ... court may relieve a party from any proceeding taken against them through her excusable neglect on any terms that may be just. (Code of Civ. Proc., S 473, subd. (b).) The moving party must show that the negligent act or omission is one that a reasonably prudent person might have committed under similar circumstances. (Renteria v. Juvenile Justice, Dept. of Corrections & Rehabilitation (2006) 135 Cal.App.4th 903, 910.) In addition, the party must ...
2023.06.22 Motion to Compel Further Responses 624
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.22
Excerpt: ...of this order. Defendant Ford Motor Co. ("Ford") moves here for an order compelling the further responses of Plaintiff Mario A. Gonzalez to its special interrogatories nos. 1, 5, 7, 9, 19, and 21—22. Generally, these interrogatories seek information as to what defects or nan-conformities Gonzalez alleges the vehicle had and the damages he has incurred for Ford's failure to repair the defects. The Motion was filed on April 14, 2023. Gonzalez ser...
2023.06.15 Motion for Protective Order 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.15
Excerpt: ...nuary 24, 2023 Declaration of Paul W. Reid' are OVERRULED as to all items. In response to a subpoena, a party or witness may move for an order directing compliance with the subpoena upon certain terms and conditions declared by the court, such as a protective order. (Code of Civ. Proc., S 1987.1, subd. (a), (b).) A court may issue a protective order, "for good cause shown," that protects any person from "unwarranted annoyance, embarrassment, or o...
2023.06.15 Demurrer to FAC 021
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.15
Excerpt: ...ice of hearing contains an incorrect department and address for the hearing. This case was reassigned for all purposes on March 8, 2023. If contested, the hearing will be held at 2:00 p.m. in Department 3, which is located at 400 County Center, Redwood City, CA 94063, Courtroom 2B. Any party contesting the tentative ruling must give notce to all other parties of the correct department and location of the hearing. (2) Plaintiff's opposition was fi...
2023.06.08 Demurrer to FACC 377
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.08
Excerpt: ...). Cross-complainant's Request for Judicial Notice is DENIED. To the extent Cross-complainant seeks to rely on the substance of the Contractors State License Board License Exam Study Guide, the material constitutes hearsay for which no exception has been identified. The document is not relevant to the proceeding without relying on its contents. Cross-Defendant's objections to this request are therefore sustained. Cross-complainant has a C-23 Orna...
2023.06.08 Application for Writ of Attachment 788
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.08
Excerpt: ... probable validity of the claim, (3) the attachment is not sought for any purpose other than to secure recovery on the claim, and (4) the amount to be secured is greater than zero. CCP S 484.090. Except as otherwise provided by statute, a claim is one upon which an attachment may be issued: (1) in an achon on a claim or claims for money, (2) based upon a contract, express or implied, and (3) where the total amount of the claim or claims is a fixe...
2023.06.01 Motion to Compel Arbitration and for Stay Pending Arbitration 446
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.01
Excerpt: ...controversy, the Court shall order the petitioner and the respondent to arbitrate the controversy it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waved by the petitioner; or (b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, ...
2023.06.01 Motion to Approve and Ratify Payment of Costs, Fees, and Expenses 531
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.01
Excerpt: ...t 2022 through November 2022 relating to the Conservation of [Respondent) California Insurance Company (CIC) (Motion) came for hearing before this Court on June 1, 2023, at 2:00 p.m. All parties appeared through their counsel. Having considered all papers filed regarding the Mohon, oral arguments of the parties, any testimony and evidence presented at the hearing, and all other pleadings and papers on file herein, the Court GRANTS the Motion. DIS...
2023.06.01 Motion for Summary Judgment 789
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.01
Excerpt: ...mmary Adjudication is DENIED as to Plaintiff's remaining claims for the reasons set forth below. Statute of Limitations —Relation Back Doctrine Defendant contends, first, that Plaintiff's causes of action are time-barred by the applicable statutes of limitations. Defendant cites Scherer v. Mark (1976) 64 Cal. App 3d 834, 842 for the rule that "Where no effort has been made to allege a cause of action against a fictitiously named Doe defendant, ...
2023.06.01 Motion for Judgment on the Pleadings 624
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.01
Excerpt: ...s rule. The economic loss rule provides that a plaintiff may not recover purely economic damages for tort claims. See Jimenez v. Superior Court, (2002) 29 Cal.4th 473. The component exception to the economic loss rule states that the rule "does not necessarily bar recovery in tort for damage that a defective product (e.g., a window) causes to other portions of a larger product (e.g., a house) into which the former has been incorporated." ld. at 4...
2023.06.01 Demurrer, Motion to Strike 548
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.01
Excerpt: ... is GRANTED in its entirety. (Evid. Code Sect. 452). As to documents filed in court, the Court takes judicial notce of their contents and filing dates, but does not take judicial notice of the truth of statements or allegations in the documents. Page limits. The City's Memorandum of Points & Authorities exceeds the CRC-imposed page limit. Counsel for the City will be expected to comply with all page limits going forward. In its discretion, the Co...
2023.06.01 Demurrer 459
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.06.01
Excerpt: ... days after service of written notice of this order. Silvia Revolorio, Elmer Lopez, and Cristofer Lopez (hereafter collectively "Defendants") demur to the Complaint, pursuant to Code of Civil Procedure section 430.10, subdivision (e), contending that the notice to pay rent or quit served to Defendants (the "Notice") was required to indicate that payment of the overdue rent could be made by mail rather than simply by personal delivery. (See Apr. 1...
2023.05.25 Demurrer, Motion to Strike 345
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.25
Excerpt: ...dwood City, CA, 94063, Courtroom 2B. Any party contesting this tentative ruling must also give notice to all other parties of the correct location for the hearing in case any party intends to appear in person. The Demurrer of Defendants Cenlar FSB ("Cenlar") and Citibank, N.A. ("Citibank") (collectively "Defendants") to the First Amended Complaint ("FAC") of Plaintiffs Christopher R. Dhillon and Marissa A. Dhillon ("Plaintiffs") is SUSTAINED IN P...
2023.05.25 Demurrer 353
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.25
Excerpt: ...fendants' Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code section 452(d). Defendants argue that the demurrer should be sustained on the ground that there is another achon pending between the same parties on the same cause of action, pursuant to Cal. Code of Civil Procedure Secton 430.10(c). In the related probate action, Case No. 23-PRO-00327, there are three causes of action for (1) Breach of Fiduciary Duty and Removal of T...
2023.05.25 Motion to Compel Arbitration 985
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.25
Excerpt: ... language of the clause must be clear and unmistakable. Second, the delegation must not be revocable under state contract defenses such as fraud, duress, or unconscionability." (Aanderud v. Superior Ct. (2017) 13 Cal. App. 5th 880, 892.) The delegaton clause at issue does not pass this test. The Arbitration Agreement delegates to the Arbitrator questions of "whether a claim or dispute must be arbitrated." (Arbitration Agreement at 1, fourth full ...
2023.05.25 Motion for Judgment on the Pleadings 624
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.25
Excerpt: ...ority on this issue, and that the First Appellate District has recently held, in Dhital v. Nissan North America, Inc., 84 Cal.App.5th 828 (2022), that the economic loss rule does not bar fraudulent inducement claims based on concealment. Nonetheless, Defendant asserts that the Court should follow federal decisions, including Catherine Petersen v. FCA US LLC, No. CV 21-1386 OSF (EX), 2021 WL 3207960, at *5 (C.D. cal. July 8, 2021) and Tappana v. A...
2023.05.25 Motion for Summary Judgment 995
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.25
Excerpt: ...o. (2021) 69 Cal.App.5th 243, 255.) As a preliminary matter, Defendants Horse Park at Woodside LTD ("Horse Park") and Bravo have waived the affirmative defense upon which they move for summary judgment. The defense they assert falls under the doctrines of waiver of liability and express assumption of risk. (See Coates v. Newhall Land & Farming, Inc. (1987) 191 Cal.App.3d 1, 7— 8.) Neither of these theories are implicated by any of the twenty-fi...
2023.05.25 Motion to Compel Arbitration 793 (2)
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.25
Excerpt: ... cite Theresa D. v. MBK Senior Living LLC (2022) 73 Cal.App.5th 18 for their argument that the Residents Bill of Rights (Health & Saf. Code sect. 1569.261 et seq.) prohibits requiring a resident to sign a contract waiving jury trial rights "as part of the contract for, or as a condition of, admission" to a residential care for elderly facility. (ld. at 29.) The Arbitration Agreement in the present case is separate from the residency agreement, an...
2023.05.18 Motion for Summary Judgment, Adjudication 789
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.18
Excerpt: ...ional infliction of emotional distress. Defendants' Mohon for Summary Adjudication is DENIED as to Plaintiff's remaining claims for the reasons set forth below. Statute of Limitations — Relation Back Doctrine Defendants contend, first, that Plaintiff's causes of action are time-barred by the applicable statutes of limitations. Defendants cite Scherer v. Mark (1976) 64 Cal. App 3d 834, 842 for the rule that "Where no effort has been made to alle...
2023.05.18 Motion for Reconsideration 546
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.18
Excerpt: ...ault and Default Judgment, is ruled upon as set forth below. The Court agrees to reconsider the Feb. 9, 2023 Order and has considered Plaintiff's opposing arguments. "Reconsidering" the Feb. 9 ruling does not mean changing the result. It means the Court believes Plaintiff has satisfied Sect. 1008's requirements for the Court to reconsider its prior ruling. (See Corns v. Miller (1986) 181 Cal.App.3d 195, 202 [reconsidering a prior ruling does not ...
2023.05.18 Demurrer to SAC 521
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.18
Excerpt: ...t as set forth below. A. Second Cause of Action — Interference with Contract Sustained with leave to amend. For delayed discovery to apply, the plaintiff must plead and prove that "a reasonable investigation at that time would not have revealed a factual basis for that particular cause of action." (Fox v. Ethicon Endo-surgery, Inc. (2W5) 35 Cal.4th 797, 803.) The SAC does not meet this requirement. Paragraph 13 alleges that Plaintiff discovered...
2023.05.11 Motion for Summary Judgment, Adjudication 600
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.11
Excerpt: .... Cal. Code of Civ. Proc. S437c(p)(1). When the moving party has met its burden, the burden shifts to the opposing party to show the existence of a triable issue of material fact as to the cause of action, or a defense to the cause of action. ld. Here, Plaintiff moves for summary judgment and/or summary adjudication of the First Cause of Action for Breach of Contract, Second Cause of Acton for Money Lent, and Third Cause of Action for Money Had a...
2023.05.04 Motion for Summary Judgment, Adjudication 699
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.04
Excerpt: ...nt and claims asserted in Defendant Ying (Cathy) Xue and ICEC, Inc.'s ("Xue") 12-8- 20 Cross-complaint, is GRANTED. Code Civ. Proc. Sect. 437c. EAC's alternative Motion for Summary Adjudication is therefore DENIED AS MOOT. Request for Judicial Notice. plaintiff/Cross-Defendant EAC's 1- 26-20 Request for Judicial Notice is GRANTED as to the referenced documents that were either filed with or issued by the Court (Evid. Code Sect. 452(d)), and GRANT...
2023.05.04 Motion for Preliminary Injunction 526
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.04
Excerpt: ... City's Beach Front Boulevard right-of-way adjacent to Plaintiff's property. According to Plaintiff, during the construction, Shimmick graded a dirt roadway along the side of the levee and built a fence near the roadway. Plaintiff claims that Shimmick is using the roadway to store constructon materials for the levee project, and that both the fence and the roadway are on Plaintiff's property. Plaintiff refers to this alleged encroachment as "Tres...
2023.05.04 Demurrer to FAC 169
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.05.04
Excerpt: ...f written notce of this order. Plaintiff's Request for Judicial Notice is GRANTED. Defendants demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts sufficient to consttute a cause of action, and specially, on the bases that Haskell is not a proper party and that the counts are uncertain. (See Code of Civ. Proc., S 430.10, subds. (d)—(f).) hey also generally demur to the First Amended Compla...
2023.04.27 Motion for Attorney Fees 047
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.27
Excerpt: ...nd the Court of Appeals' award of costs of appeal, Plaintiff seeks its attorney's fees and costs incurred in the proceedings relating to Defendant's unsuccessful Motion to Enforce Settlement Agreement and Defendant's unsuccessful appeal of that ruling. Plaintiff seeks an award of $21,318.50 in attorney fees, representing a total of 97 hours expended in connection with Defendants' Motion and the subsequent appeal, and $2,588.17 in costs. Salassi D...
2023.04.20 Demurrer 446
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.20
Excerpt: ...d the gift card. The argument lacks merit. Plaintiff alleges that he read Nordstrom's representations about how secure the gift cards are. (9AC Para. 15.) Plaintiff alleges that in reliance on those statements, he asked Mr. Devorkin to buy him a Nordstrom gift card for his 50th birthday. (ld. Para. 18.) Mr. Devorkin did so. Under the liberal pleading standard for demurrers, these allegations are sufficient to allege that Devorkin was acting as Pl...
2023.04.13 Demurrer, Motion to Strike 405
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.13
Excerpt: ...defendant has filed an answer to a prior complaint. (See Code of Civ. Proc., S 430.10.) And here, contrary to Plaintiff's contention, the Demurrer is a general one rather than a special one, which is explicit in the notice and readily apparent from the supporting papers. (See, e.g„ Jan. 25, 2023 Notice of Demurrer, pp. 1—2.) A general demurrer is made on the basis that the complaint "does not state facts sufficient to constitute a cause of ac...
2023.04.06 Motion for Summary Judgment 970
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.06
Excerpt: ...t Defendants did not give Plaintiff Gloria Rodriguez a thirty-day notice before the locks were changed and she was refused reentry to a residence located at 237 Poplar Avenue in Redwood City (the "Property"). By this Motion, Defendants contend that the action has no merit because Plaintiff cannot establish that Defendants were landlords nor establish that she was entitled to a thirty day notice. A. Legal Standard on Summary Judgment "A party may ...
2023.04.06 Demurrer, Motion to Strike 584
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.06
Excerpt: ...the Third Cause of Action ("intentional infliction of emotional distress"), the demurrer is SUSTAINED with leave to amend. Code Civ. Proc. Sect. 430.10(e). Plaintiff's Complaint alleges that Defendant is guilty of "extreme and outrageous" conduct because Defendant had "actual and constructive knowledge" of a bed bug problem in its hotel, yet failed to disclose the problem to Plaintiffs, which resulted in Plaintiffs' allegedly sustaining personal ...
2023.04.06 Demurrer 393
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.06
Excerpt: ...edia Inc. v. Superior Court (1999) 20 Cal.4th 449,457, fn. 9. Defendant's Request for Judicial Notice in support of the Reply is DENIED. General Demurrer for Failure to Comply with Tort Claims Act Defendant's unopposed General Demurrer to the entire Complaint for failure to comply with tort claims requirements is SUSTAINED without leave to amend pursuant to Cal. Code of Civ. Proc. S 430.10(e). Plaintiff's Complaint fails to comply with the requir...
2023.03.23 Motion to Compel Responses, Deposition of PMK 985
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.03.23
Excerpt: ...de that the parties agreed to permit discovery on issues pertaining to enforceability of the Arbitration Agreement. The discovery at issue falls into nine general categories: formation of the arbitration agreement, presentation of arbitration agreements to residents, withdrawal of arbitration agreements, arbitration costs, conduct of arbitration, ownership of arbitration entities, motions to compel arbitration, initiation of arbitration, and the ...
2023.03.23 Demurrer to FAC 948
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.03.23
Excerpt: ... cautioned regarding signing declarations under oath absent personal knowledge of the facts stated therein. The 1-5-23 Karen Evans declaration does not appear to be based on personal knowledge. If counsel did not participate in the alleged phone call, then she should not be stating, under penalty of perjury, based on alleged personal knowledge, that the phone call took place. Nonetheless, the Court deems the meet and confer to have been sufficien...
2020.11.18 Motion to Seal 438
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ...ration and Proposed Order. The court starts with the presumption that court records are open unless confidentiality is required by law. (See Cal. Court Rule 2.550(c).) A court may order that a record be filed under seal if it expressly finds facts establishing that: (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...
2020.11.18 Motion for Summary Judgment, Adjudication 495
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ... seventh and eighth causes of action with prejudice on September 23, 2020. Thus, Defendant's motion for summary judgment is moot as to those claims. First Cause of Action – Wrongful Constructive Termination As to the First Cause of Action for “wrongful constructive termination,” Plaintiff must show that he resigned as a result of intolerable working conditions, and that those working conditions violated public policy. (See CACI No. 2432.) D...
2020.11.18 Motion for New Trial 870
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ...im of newly discovered evidence, Plaintiff notes that, just prior to the Court's ruling granting Dane's motion for summary judgment, Frederick Tate, a Target employee, testified at his deposition that Dane sent a representative to Target on a quarterly basis in 2016 to perform “preventative maintenance” on the smartKART shopping carts. According to Plaintiff, this evidence suggests that Dane did, in fact, have possession and control over the ...
2020.11.18 Demurrer 627
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ...k of Am., N.A. (2015) 243 Cal. App. 4th 1293, 1305–06 [tender not required when claim is based on allegations that Defendant foreclosed during time that plaintiff was seeking loan modification].) B. First Cause of Action (Wrongful Foreclosure) Demurrer to the first cause of action is sustained. An element of the claim for wrongful foreclosure is that the foreclosure sale occurred. (Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4t...

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