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2023.10.31 Motion for Summary Judgment 972
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.31
Excerpt: ...d the motion until October 31, 2023, five days after the stay is lifted. If the bankruptcy stay is still in effect at the time of the hearing, the court will take the motion off calendar for plaintiff to re-noäce the motion. The court's tentative is to GRANT plaintiff's motion for summary judgment. (Code of Civ. Proc., S 437c.) This is the same tentative that the court issued for the October 17, 2023 hearing. Code of Civil Procedure section 437c...
2023.10.31 Motion for Preliminary Approval of Class Action Settlement 110
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.31
Excerpt: ...volving class and PAGA claims, this Court has a duty to independently determine whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 76—77 ["trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws." ] ; Kulla...
2023.10.31 Demurrer to SAC 417
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.31
Excerpt: ...int to see whether they state a cause of action under any legal theory, as a matter of law. (New Livable Cal. v. Associaton of Bay Area Gov'ts (2020) 59 Cal.App.5th 709, 714—715; Genis v. Schainbaum (2021) 65 Cal.App.5th 1007, 1014.) The demurrer may be made to the entire complaint or to any of the cause of action therein. (Code of Civ. Proc., S 430.50, subd. (a).) To properly state a cause of action, a complaint must allege every element of th...
2023.10.31 Motion for Summary Judgment 635
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.31
Excerpt: ... remaining defendant in the action. According to the Complaint, defendant agreed to rent the premises on or about November 24, 2014, pursuant to a written rental agreement with plaintiff's predecessor-in-interest, at a monthly rent of $2,51N03, she has failed to pay rent but continues to hold over even after service of the three-day notice to quit or cure. On September 7, 2023, the court entered an order deeming admissions admitted and for sancto...
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...
2023.10.17 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...
2023.10.17 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 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...
2023.10.10 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 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 ...
2023.10.10 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 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 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 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 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 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...
2023.10.03 Motion to Strike Punitive Damages, for Attorney Fees, Demurrer 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.03
Excerpt: ...ddress. As another preliminary matter, the Court directs Counsel for both parties to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (Cal. Rules of Court, rule 3.1110(f)(4) ["electronic 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 brie...
2023.10.03 Motion to Seal 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.03
Excerpt: ...skovitz in Support of Plaintiff Steven Herskovitz's Opposition to Motion for Summary Judgment or Summary Adjudication in the Alternative; Exhibits 12-14 of the Declaration of Jonathan Yank in Support of Plaintiff Steven Herskovitz's Opposition to Motion for Summary Judgment or Summary Adjudication in the Alternative; Paragraphs 8-12 and Exhibits 10 and 11 to the Declaration of Palmer Morrel-Samuels in Support of Plaintiff Steven Herskovitz's Oppo...
2023.10.03 Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class 787
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.03
Excerpt: ...class members of "all persons who had background checks performed in connection with an application for employment with Defendant The Salvation Army between November 2, 2018 and May 17, 2021," with certain exceptions, and propose as part of the administration the "posting of a one- page summary of the Settlement Notice in a public location in each of its thrift stores." (Setareh Dec., Ex. 1, 12, 42(d) ("Settlement Agreement").) The class appears ...
2023.10.03 Demurrer 021
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.03
Excerpt: ...rez demurrer is made on the grounds of uncertainty. (See Code of Civ. Proc., S 430.10, subd. (f).) The sole basis for the claimed uncertainty in the Complaint is a discrepancy between the amount of rent due stated in the notice to pay or quit— attached to the Complaint as exhibit a—and another notice purportedly served on Miranda and Perez three days earlier. (See Aug. 17, 2023 Complaint, exh. B; Aug. 29, 2023 Memorandum of Points & Authoriti...
2023.09.26 Motion to Quash Service of Summons 258
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.26
Excerpt: ...s Mohon to Quash Service of Summons for Lack of Personal Jurisdiction is GRANTED. Plaintiff E.W.'s request for a continuance to conduct jurisdictional discovery is DENIED. Plaintiff E.W!s Requests for Judicial Notice is GRANTED. However, the Court notes that there are evidentiary issues with the documents. Since even if the Court accepts the truth of the matter in the documents, the Court denies the motion, the Court does not focus on the technic...
2023.09.26 Motion to Compel Arbitration, Strike Class Claims, and Strike PAGA Claims 570
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.26
Excerpt: ... has not met its initial burden and proved by a preponderance of evidence that an arbitration agreement with class action waiver provision was entered into by the parties. (Knight, Cal. Prac. Guide: Alt. Disp. Res. (Rutter, Dec. 2022 Update) 5:320.) The Court finds Defendant has not demonstrated that Plaintiff agreed to arbitration because of inconsistencies in the documents and procedures for the onboarding process. Defendant uses "the online pl...

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