Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

681 Results

Clear Search Parameters x
Location: San Mateo x
Judge: Fineman, Nancy L x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 242)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 518)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 125,25
Array
(
)
2023.09.26 Motion for Summary Judgment, Adjudication 452
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.26
Excerpt: ...Grytsayenko ("Lyudmyla") and Yuriy Grytsayenko ("Yuriy") (also collectively "Plaintiffs") is DENIED for the reasons set forth below. The Complaint alleges claims for General Negligence and Premises Liability. (McCann Decl., Exh. A.) Plaintiffs claim that Lyudmyla was forced to walk toward metal cross-bracers that were a part of scaffolding with no padding or warning tape in place, and hit her head against the low-placed, unprotected metal cross-b...
2023.09.26 Demurrer to FAC 053
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.26
Excerpt: ...eet, San Mateo, CA 94401. Zoom appearances are allowed. The Court overrules the demurrer filed by Defendant Maiden Stone, Inc. as to the first, sixth, and seventh causes of action. A. First Cause of Action (Breach of Express Warranty) Plaintiffs' express warranty claim is based on Exhibit 1, which is Maiden Stone's product detail sheet. On its face, Exhibit 1 is not a typical express warranty. Express warranties, however, can be created by "Any d...
2023.09.26 Demurrer 082
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.26
Excerpt: ...on, and judgments—but cannot take judicial notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or statements of fact. (Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7. ) In this case, plaintiff sued defendant in federal court. The district court granted defendant's motion to dismiss (DCR Workforce, Inc. v. Coupa software Inc. (N.D. cal., Oct. 13, 2021, No. 21-CV06066-EMC) 2...
2023.09.19 Motion to Dismiss Complaint 259
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.19
Excerpt: ... the case has not been brought to trial within three years. (Code of Civ. Proc. S 583.420, subd. On April 18, 2019, plaintiffs' counsel filed this action. unfortunately, plaintiffs' counsel died in or around July 2021, over two years ago, and no counsel has substituted into the case and plaintiffs have not appeared in pro per. Defendants have served this motion on plaintiffs' counsel (which is proper since there has been no substitution of attorn...
2023.09.19 Motion to Compel Production of Police Records 691
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.19
Excerpt: ...uirements of the local rule. Plaintiff, an employee of the San Mateo County Sheriff's Office ("SMCSO"), brings this action under Government Code section 12940 alleging hostile work environment, discrimination, retaliation, failure to prevent harassment, failure to engage in the interactive process, and failure to accommodate. As part of her Complaint, Plaintiff alleges that SMCSO has a pervasive atmosphere and pattern of sexual harassment and ass...
2023.09.19 Motion for Reclassification as Limited Civil Action 672
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.19
Excerpt: ...").) These have not been bookmarked in compliance with California Rules of Court rule 3.110(f)(4) or Local Rule 3.3. A court can sanction for local rules violations. (Shiheiber v. JPMorgan Chase Bank, N.A. (2022) 81 Cal.App.5th 588, 695.) Indigo is reminded to comply with all rules of court and local rules. Indigo moves here to reclassify this unlimited case to limited, contending that Plaintiffs Rajesh Yalamanchili and Olga Gritsevskaya (collect...
2023.09.19 Motion for Preliminary Injunction 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.19
Excerpt: ...d Zhiying Qui (collectively defendants). The court finds that there are not grounds under Code of Civil Procedure secton 1008 because there are no new or different facts which warrant reconsideration. All the facts were known or could have been known at the time the two prior motions for preliminary injunction were filed. A filing of a cross-complaint is not a new fact justifying reconsideration. Nor is the fact that defendants deny liability a f...
2023.09.19 Motion for Preliminary Approval of Class Action and PAGA Settlement 480
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.19
Excerpt: ... 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."]; Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 (" 'The court has a fiduciary as guardians of the rights of the absentee class members when deciding whether to approve a s...
2023.09.19 Demurrer, Motion to Strike 996
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.19
Excerpt: ...2(d). Legal standard on demurrer. A demurrer may be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. A demurrer tests the legal suffciency of the pleading it is attacking, and only raises questions of law." Code Civ. Proc. Sec. 589. For the purpose of testing the sufficiency of a cause of action, the ...
2023.09.12 Demurrer, Motion to Compel Further Responses, for Monetary Sanctions 457
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...ntiffs opposition and accepts counsel's explanation and apology for the reason that the opposition was not filed on time. The court grants defendant's request for judicial notice for the fact that the documents were filed in the court, but not for the truth of the contents of the documents. Plaintiff argues that this demurrer repeats the same arguments as raised in defendant's motion for judgment on the pleadings to the first amended complaint, w...
2023.09.12 Motion for Preliminary Approval of Class Action Settlement 110
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...ntly determine whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 55, 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."]; Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 'The ...
2023.09.12 Motion for Summary Judgment, Adjudication 452
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ... Lyudmyla Grytsayenko ("Lyudmyla") and Yuriy Grytsayenko ("Yuriy") (also collectively "Plaintiffs") is ruled on as follows: The Motion for Summary Judgment is GRANTED. The Complaint alleges claims for General Negligence and Premises Liability. (McCann Decl., Exh. A.) Plaintiffs claim that Lyudmyla was forced to walk toward metal cross-bracers that were a part of scaffolding with no padding or warning tape in place, and hit her head against the lo...
2023.09.12 Motion to Compel Further Responses, for Sanctions 774
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...and there are no allegations of fraud in the complaint. Plaintiffs' counsel's continued use of these terms elevates the emotions in this case and is unnecessary. The parties are to APPEAR to address the following issues: Plaintiffs' discovery is much broader than appears to be relevant or reasonably calculated to lead to the discovery of admissible evidence regarding the remaining issues in the case. The court's understanding was that plaintiffs ...
2023.09.12 Motions for Summary Judgment, Adjudication, to Seal 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...Snowflake's motion for summary judgment. These exhibits contain both (1) thirdparty personally identifiable information of Snowflake employees and former employees, including performance reviews, employment histories, and financial information; and (2) confidential business information re Snowflake's confidential competitive business information. Public versions have been filed. The private versions were lodged conditionally under seal on June 22...
2023.09.12 Petition for Writ of Mandamus 330
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.12
Excerpt: ...s "Director of the Department of Motor Vehicles" ("Department"). Wyant was detained and arrested for suspicion of driving under the influence of alcohol. He submitted to a chemical test of his blood on the night of his arrest, and results of that chemical test showed a 0.082 percent blood alcohol content ("BAC") in violation of Vehicle Code section 23152. The Department suspended Wyant's privilege to drive a motor vehicle for four months, from Oc...
2023.09.05 Motion for Summary Judgment 014
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.05
Excerpt: ...the Ford pickup truck he was in broke down. (UMF No. 3.) A Caltrans tow truck towed Plaintiff's vehicle and deposited it on university Avenue in Menlo Park, approximately 200 feet from the intersection with Bayfront Expressway. (UMF No. 4.) The tow truck driver left shortly thereafter. (UMF No. 5.) Plaintiff's friend subsequently gave him a ride to AutoZone Auto Parts to purchase parts to repair his truck. (UMF No. 6.) After purchasing the needed...
2023.09.05 Motion for Summary Adjudication 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.05
Excerpt: ...ed fifty-percent interest in the subject property, and Plaintiffs Triple 8 Holdings, LLC and Donald Chua to be entitled to a partition of the subject property. Plaintiffs Triple Eight Holdings, LLC's and Donald Chua's Request for Judicial Notice is GRANTED as to items nos. 1—6 and 12 and DENIED as to items 7—11. Defendant Bernice Turner's Request for Judicial Notice is DENIED as to all items. Defendant Bernice Turner's Evidentiary Objections�...
2023.09.05 Motion for Leave to File FAAs 188
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.09.05
Excerpt: ....310.) On June 17, 2019, defendants filed answers and no advice of counsel defense was asserted. Since the inception of the case, the action has been vigorously litigated. There have been over 40 hearings on motions, case management conferences and informal discovery conferences, and the docket contains over 550 entries. On December 1, 2020, this case was assigned to the Hon. Nancy L. Fineman for all purposes. The court held its first pretrial co...
2023.08.29 Motion to Strike SAC 402
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...the "SAC") asserts nine causes of action against Defendant County of San Mateo (the "County") and one hundred unnamed employees of the County for their respective roles in the alleged sexual abuse committed by Probation Officer John Domeniconi of Plaintiff Jane DT Doe while the latter was a minor. The County moves here for an order striking the entirety of the SAC for Plaintiff's failure to file timely certificates and obtain court approval—as ...
2023.08.29 Motion to Set Aside Labor Commissioner's Order or Award or Vacate Clerk's Judgments, Set New Trial 395
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...d notify Department 4 and all other parties by 4:00 p.m. on August 21, 2023. In these motons in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure secton 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree ...
2023.08.29 Motion for Preliminary Approval of Class Action Settlement 277
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...lass Action Settlement Agreement (2) Approval of Notice to Class Members and Related Materials; (3) Approval of Settlement Administrator; and (4) Setting Hearing For Final Approval of Settlement ("Motion") is ruled upon as follows. The Court appreciates the work engaged in by the parties in revising its requests for approval. The Court has conducted an independent review of the request to determine whether the settlement is fair, reasonable and a...
2023.08.29 Motion for Attorney Fees 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ... Coalition for Pacificans for an Updated Plan and Kristen Cramer (plaintiffs) filed this action which inwlves a CEQA challenge to a proposed project called Vista Mar located in Pacifica, California ("the Project"). Both plaintiffs sued on both causes of action. Plaintiffs sued the City of Pacifica (the City) and real parties in interest Monterey Road Pacifica, LLC, Vistamar Development, and Javier Chavarria (real parties). On January 21, 2021, th...
2023.08.29 Demurrer to SAC 397
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.29
Excerpt: ...(California Rule of Court, rule 3.1320(g); Code of Civ. Proc., S 472b.) If Plaintiff decides not to amend, Plaintiff's counsel shall so notify defense counsel and the parties shall meet-and-confer on a date where defendant County of San Mateo's answer is due. Plaintiff John JV Doe's Request for Judicial Notce is GRANTED. Defendant County of San Mateo's Request for Judicial Notice is GRANTED. The Second Amended Complaint (the "SAC") asserts nine c...
2023.08.22 Motion to Strike 600
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ...assaulted at defendants' massage franchise, and she asserts numerous causes of action and requests punitive damages. Defendants bring this Motion to Strike parts of Plaintiff's First Amended Complaint ("FAC"), seeking to remove "all language regarding fraud, misrepresentation, concealment, and conspiracy." (Memorandum of Points and Authorities in Support of Motion to Strike ("MPA") at 4.) Specifically, inter alia, Defendants request that the Cour...
2023.08.22 Motion to Set Aside Order, Decision, or Award, Vacate Judgment, Set New Trial 395
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.08.22
Excerpt: ... p.m. on August 21, 2023. In these motions in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure section 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree that there was an error in having two judgments e...

681 Results

Per page

Pages