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2024.02.06 Motion for New Trial 974
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.06
Excerpt: ...d September 28, 2023. Plainti¯ was on the stand for about a day. On November 17, 2023, the court issued a Tentative Decision and Proposed Statement of Decision Þnding in favor of defendant and against plainti¯ on her a¯irmative claims and denying defendant restitution based on unjust enrichment on his a¯irmative claim. The court did not believe that oral argument was necessary and no party requested oral argument. On November 30, 2023, t...
2024.02.06 Demurrer, Motion to Strike 190
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.06
Excerpt: ...epresenting him in this action—he is representing himself. Pursuant to the law, it is improper for a non-attorney to represent another in litigation. (Bus. & Prof. Code, § 6125 [“No person shall practice law in California unless the person is an active licensee of the State Bar.”]; Birbrower, Montalbano, Condon & Frank v. Superior Court (1998) 17 Cal.4th 119, 128-130 [interpreting section 6125 regarding the practice of law in California]; ...
2024.02.06 Motion for Attorney Fees 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.02.06
Excerpt: ...issuing a comprehensive tentative ruling held a hearing on plainti¯s/petitioners' motion for attorneys' fees pursuant to Code of Civil Procedure section 1021.5, which the court granted in part. The court deleted some fees, reduced the hourly fees for some work, and allocated certain fees between the parties. After the hearing, the parties were to meet and confer on these issues and plainti¯s were to submit to the court a proposed order showin...
2024.01.30 Motion to Strike Claim and Prayer for Punitive Damages 073
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.30
Excerpt: ...reof pursuant to Code of Civil Procedure section 435, subsection (b)(1). Such a motion may be made to strike out any irrelevant, false, or improper matter inserted in any pleading, or to strike out all or any part of any pleading not drawn or Þled in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc., §436.) For an allegation of punitive damages to survive a motion to strike, the pleading must alleg...
2024.01.30 Motion for Preliminary Approval of Class Action and PAGA Settlement 986
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.30
Excerpt: ... Class Action and PAGA Settlement provided the parties address the court's ollowing concerns. The Response Deadline shall be 60- days rom initial mailing or re-mailing and opt out, dispute over workweek calculations, or objections shall be postmarked by this deadline. The proposed Settlement Administrator, Phoenix Settlement Administrators, shall Þle a declaration o its qualiÞcations to administer the settlement. The parties shall select a ...
2024.01.23 Demurrer, Motion to Strike 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.23
Excerpt: ...nding The demurrer to the first through third causes of action for lack of standing is sustained. The first cause of action (negligent misrepresentation) alleges that Cross- defendant made false representations in order to avoid the protections afforded a mortgage loan borrower under Civil Code section 2923.5. (FACC 64.) The second cause of action (negligence) alleges that Crossdefendant violated the Truth in Lending Act, the Real Estate Settleme...
2024.01.23 Demurrer, Motion to Strike 641
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.23
Excerpt: ...r to demonstrate that the arguments that defendants County of San Mateo, Child Protectve Services of San Mateo, and Children and Family Services of County of San Mateo's (collectively County) make apply to them. Defendant County's arguments regarding the Bane Act, however, apply equally to the Navarras. However, the court's own research shows that the Navarras are not in the same position as the County. (Health & Saf. Code, S 1527.6, subd. (d)(l)...
2024.01.16 Motion to Seal Portions of Certain Exhibits, for Summary Adjudication, Reconsideration 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.16
Excerpt: ...judication. One motion is scheduled for January 16, 2024 and one motion is scheduled for January 30, 2024. The court advances the January 30, 2024 moton to January 16, 2024. Defendant has previously brought motions to seal, which the court has granted without objection. Similarly, in these two motions to seal, defendant seeks to seal private information about former and current employees and confidential business information. For the same reason ...
2024.01.16 Motion to Compel Deposition, for Terminating Sanctions 763
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.16
Excerpt: ...nd she has not opposed the motion. On September 7, 2021, plaintiff, who was then represented by counsel, filed her complaint. On June 27, 2022, her counsel filed a motion to be relieved of counsel based upon the fact he was unable to communicate with her and she had been non- responsive. Plaintiff failed to oppose the motion, which motion the court granted on August 16, 2022. On September 16, 2022, plaintiff's former counsel provided notice of en...
2024.01.16 Demurrer, Motion to Strike TAC 172
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.16
Excerpt: ...n Haskell shall file their answer(s) pursuant to the Code of Civil Procedure and California Rules of Court. The court notes that on October 10, 2023, in ruling on the prior demurrer, the court stated that the action was still classified as an unlawful detainer action and, if plaintiff wanted to reclassify the action because it had possession of the property, it must take action to have the case reclassified. Plaintiff has not moved to reclassify ...
2024.01.16 Demurrer, Motion to Strike 190
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.16
Excerpt: ...rrer, 4:7-18.) In order to prevail on a cause of action for breach of contract, a plaintiff must prove (1) the contract, (2) the plaintiffs performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff( Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Existence of Contract Plaintiff and defendant jointly purchased the property located at 1326 Kentfield Ave, Redwood City, ...
2024.01.09 Motion for Reconsideration 395
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...e the Clerk's Judgments and Set a New Trial (motions to vacate). Plaintiffs and third-party California Department of Industrial Relations, Division of Labor Standards Enforcement, Labor Commissioner object. Initially, the court notes that Manalo has provided the improper address for the hearing. Department 4 is not located in Redwood City as the notice states, but instead at the Central Courthouse, Department G, 800 North Humboldt St„ San Mateo...
2024.01.09 Demurrer to FAC 439
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...een the parties. (Code of Civ. Proc., S 452; Saxer v. Philip Morris Inc. (1975) 54 Cal.App.3d 7, 18.) The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not contentions, deductions or conclusions of fact or aw). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 952, 966-967.) The court grants defendant's request for judicial notice. ((Lockhartv. MVM, Inc. (2009) 175 Cal.App.4th 1452, 1460 [ju...
2024.01.09 Motion for Leave to File Amended Complaint 499
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...ntral Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the Notice "must specify" the location of the hearing].) Since defendant is in pro per, plaintiffs are to contact defendant by 4:00 p.m. on January 8, 2024 to provide him with the proper location for the hearing. Zoom appearances are allowed. The court also notes that plaintiff's motion does not comply with the requirements of Calif...
2024.01.09 Motion to Continue Trial, for Judgment Notwithstanding the Verdict 791
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...8:104, 18:106 (Oct. 2023 update).) On November 30, 2023, defendants timely filed a notice of intention to move for a new trial which lists six grounds for a new trial: "1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. 2. Accident or surprise, which ordinary prudence could not have guarded against. 3. Newly discover...
2024.01.09 Motion to Compel Responses 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...ARY 9, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY S, 2024 HEARING. PLAINTIFF PROVIDED NOTICE THAT HE IS CONTESTING ON JANUARY 1, 2024. The instant action turns on Plaintiff's allegations surrounding a motor vehicle crash and the resultant injuries Plaintiff suffered. Defendant now moves to compel responses to the thirteen re...
2024.01.09 Motion to Compel Responses, Further Responses 534
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...y Fried shall provide further responses to Special Interrogatories, Set Three, nos. 35, 37, 38 (partial) and 42 and Requests for Production, Set Three, nos. 17, 19, and 22 no later than February 6, 2024. Plaintiff Daniel Jay Fried shall produce all documents responsive to Requests for Production, Set Three, nos. 17, 19, and 22 no later than February 6, 2024. As a preliminary matter, this motion was previously set to be heard on December 19, 2023....
2024.01.09 Motion to Continue Trial 035
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...of service of the Order Shortening Time ("OST") as ordered. However, Defendants filed a substantive opposition, and do not raise any issue regarding Plaintiff's failure to serve the OST. Therefore, it appears Defendants received adequate notice of this Motion and the OST. Plaintiff is reminded to comply with such service requirements in the future or else the Court may be inclined to deny the Motion for failure to establish proper service. "The c...
2024.01.09 Motion to Tax Costs 522
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.09
Excerpt: ...ES BY 4:00 P.M. ON FRIDAY, DECEMBER 29, 2023, BUT THE ORAL ARGUMENT WILL BE JANUARY S, 2024 AT 2:00 P.M. RATHER THAN JANUARY 2, 2024. IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of Plaintiffs/cross- Defendants Thomas Robert arouchoud and Lynda Elaine Flores arouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Tru...
2024.01.02 Motion to Tax Costs 522
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.02
Excerpt: .... IF THE COURT DOES NOT RECEIVE NOTICE THAT THE TENTATIVE IS CONTESTED, THEN THE TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The Motion of plaintiffs/Cross-Defendants Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud, Trustees of the Thomas Robert Brouchoud and Lynda Elaine Flores Brouchoud Trust Dated August 27, 2004 ("Plaintiffs") to Tax the Costs Memorandum by Defendants/crosscomplainants Aldo L. Milani, Paul M. Hunter, L...
2024.01.02 Motion to Compel Compliance 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.01.02
Excerpt: ... TENTATIVE WILL BE ADOPTED AT THE JANUARY 9, 2024 HEARING. The instant action turns on Plaintiff's allegations surrounding a motor vehicle crash and the resultant injuries Plaintiff suffered. Defendant now moves to compel responses to the thirteen requests for production that make up Defendant's Request for Production of Books, Documents, and Other Things, Set Two. (Ex. A to Notice of Motion Compelling Compliance under Code of Civil Procedure sec...
2023.12.19 Motion to Strike Supplemental Expert Designation, for Monetary Sanctions 534
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...y sanctions against plaintiff Daniel Jay Fried's counsel and the court GRANTS plaintiff Daniel Jay Fried's motion for leave to augment his expert designation on the following conditions: (1) Joseph R. Pohlot be made available no later than January 3, 2024 and plaintiff pay the cost for an expediated deposition transcript (responsible only for the cost associated with the expediated amount); (2) defendant may designate its own expert economist no ...
2023.12.19 Motion for Leave to Amend Complaint 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...ourt repeats the tentatve issued on December 11, 2023: The court rules on plaintiff Delma Jefferson's motion for leave to file an amended complaint (Plaintiff moves to file a "Second" Amended Complaint, but the record shows that no First Amended Complaint is on file) as follows: Defendant Brayan Perez properly objects that plaintiff failed to provide proper notice yet also responded substantively on the merits. A defendant who does not receive pr...
2023.12.19 Motion for Judgment on the Pleadings 536
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...location of the hearing].) The parties should be aware that the Hon. Nancy L. Fineman, Department 4 is located at the Central Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401. The court provided this information to the parties through the tentative ruling for the April 4, 2023 hearing and the hearing's minutes. Defense counsel is ordered to contact plaintiff by 4:00 p.m. on Monday, December 18, 2023 to provide the proper loca...
2023.12.19 Motion for Judgment on the Pleadings 303
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.19
Excerpt: ...e regular law and motion calendar, if the court determines that the parties need more time for argument, the court will set another hearing for further briefing. One party has called Department 4 about a power point presentation and, if time allows, the court has no objection to such a presentation. Defendants seek judgment on the pleadings. By stipulation, the parties agreed that this motion is the "proper procedural vehicle to resolve the issue...

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