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2021.11.16 Motion for Summary Judgment, Adjudication 750
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.11.16
Excerpt: ... because the challenged evidence is not deemed material to disposition of the motion. (Code of Civ. Proc. § 437c, subd. (q).) TCLC alleges claims of damages arising from being constructively evicted after Defendant De Ritz (“LANDLORD”) failed to make tenant improvements that were required by the Lease. LANDLORD's motion argues that (1) its obligation to perform never arose because TCLC failed to fulfill a condition precedent of providing pro...
2021.11.16 Motion for Reconsideration 067
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.11.16
Excerpt: ...mplant Dentistry Institute LLC to Active Status is DENIED. BAII seeks reconsideration on the ground that the Court erred in granting relief on the basis of Government Code section 12261(a)(2), but a section 1008 motion is not the proper vehicle for correcting judicial errors. Glob. Protein Prod., Inc. v. Le (2019) 42 Cal.App.5th 352, 364. Nonetheless, the Court has broad and inherent powers to reconsider its rulings (see, e.g., Marriage of Bartho...
2021.11.16 Motion for Protective Order, for Attorney Fees 474
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.11.16
Excerpt: ...s”) to defendant BBV, Nos. 24‐52, is GRANTED‐IN‐PART. The motion for protective order is GRANTED. In the Court's discretion, the sanctions requests are DENIED. The intrusiveness of Plaintiff's discovery requests clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. Code Civ. Proc. Sect. 2017.020(a). Discovery rights are broad, but not limitless. The information/documents sought mus...
2021.11.16 Demurrer 277
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.11.16
Excerpt: ...nd that the Complaint fails to state facts sufficient to constitute a cause of action. Defendants do not assert that the notice fails to advise them of the conduct alleged to have constituted a violation of Cal. Code Civ. Proc. § 1161(4). Rather, Defendants contend that the conduct alleged in the notice does not amount to a nuisance or violation of the law under Section 1161(4). Defendants' argument is unpersuasive for the reasons set forth belo...
2021.11.09 Motion to Vacate Judgment 164
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.11.09
Excerpt: ...e Court's July 27 ruling provides as follows: Once again, Petitioners have provided no clear argument or pertinent authority indicating that the judgment was issued based on an incorrect or erroneous legal conclusion. They want the Court to consider new alleged facts, which is not a proper basis for a motion to vacate. A motion to vacate the judgment may only be brought when the trial judge draws an incorrect legal conclusion or renders an errone...
2021.11.09 Anti-SLAPP Motion to Strike 197
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.11.09
Excerpt: ...Civil Procedure § 425.17(b) arguments and explain how the facts of those cases are similar to the allegations of Plaintiff's complaint. Regarding Prong 1 of the Code of Civil Procedure § 425.16 analysis, the Court refers the parties to Bonni v. St. Joseph Health System (2021) 11 Cal.5th 995 and Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, which were not cited in their briefs. Plaintiff shall refer to where in ...
2021.11.02 Motion to Vacate Judgment 845
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.11.02
Excerpt: ... notice under Code of Civil Procedure section 1005(b). Thus, this Motion is continued to provide adequate notice to Plaintiff First Resolution Investment Corporation (“Plaintiff”). Defendant is to provide notice of this new date to all parties and file the proof of service by November 22, 2021. If the proof of service is not filed showing timely service, the Court will not consider the motion. Additionally, the Court has reviewed Defendant's ...
2021.11.02 Motion to Set Aside Default, Judgment 464
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.11.02
Excerpt: ... Electric, Inc., Richard Wulff, and Ann Wulff. A. The Motion to Vacate Default Is Untimely. Before moving to vacate the default judgment, Defendants must first vacate the entry of default. A motion to vacate entry of default must be filed timely, but in no case more than six months after entry of default. Defaults were entered against Wulff Electric and Richard Wulff on September 29, 2020. Default against Ann Wulff was entered on October 13, 2020...
2021.11.02 Motion for Summary Judgment, Adjudication 974
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.11.02
Excerpt: ...�21, 2‐ 8‐21, and 2‐9‐21, the opposition papers, filed 3‐9‐21, and the reply, filed 3‐16‐21. The Court did not need to consider the amended opposition papers of Plaintiff Mary Elizabeth LeMasters (“Plaintiff”), filed 10‐12‐21. The Court also did not consider Plaintiff's Exhibit Nos. 6‐ 20. Plaintiff attempted to file these documents under seal on October 12, 2021, pursuant to the parties' 6‐3‐20 Stipulation and Order...
2021.10.26 Motion for Attorney Fees 595
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.10.26
Excerpt: ...ation of Civ. Code Sect. 8800. See 5‐10‐ 19 Complaint; Civ. Code Sect. 8800 (“In an action for collection of the amount wrongfully withheld, the prevailing party is entitled to costs and a reasonable attorney's fee.”). The Sarnas are the prevailing parties, having achieved their litigation objectives, given the Court's determination following the May 2021 trial that because Paycheck was not duly licensed at all times during the project, �...
2021.10.26 Demurrers 254
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.10.26
Excerpt: ...ation of Instrument is SUSTAINED with leave to amend. The claim to cancel the Luthra Deed of Trust and the Trustee's Deed does not involve Stewart, which was not a party to the Deed of Trust or the Trustee's Deed. Cancellation of those instruments calls for no action on Stewart's part, and Stewart will be unaffected by the cancellation of those instruments. Plaintiff argues that consequential damages such as escrow and closing costs may be recove...
2021.10.12 Demurrer 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.10.12
Excerpt: ...nsel for Monterey met and conferred with counsel for Petitioners by email and telephone to discuss the issues raised by the Demurrer prior to filing the Demurrer. Kontabecki Decl., ¶¶ 7‐20. Monterey's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the existence of the documents, but not the truth of the matters within them. The Court notes that the official writings are not certified, but there is no objection by P...
2021.10.12 Motion to Compel Further Responses 048
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.10.12
Excerpt: ...ds to be provided: Plaintiff William Lombardini's motion to compel further responses to Form Interrogatory 17.1 is GRANTED. A. Subpart (b) ‐ Facts Explaining the RFA Denials Defendant's Opposing declaration states, “I . . . generally described the nature of the assistance and/or guidance I provided to him in the interrogatory responses.” (Decl. of Makada ¶ 4.) This is not accurate. Defendant's response to that “Mr. Lombardini had difficu...
2021.10.12 Motion for Reconsideration, for Attorney Fees 595
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.10.12
Excerpt: ...notice of motion filed August 20, 2021 lists three grounds for the motion: (1) Reconsideration of Statement of Decision; (2) Credit of Settling Surety Party; and (3) CrossDefendant prevailing party attorneys' fees. Notice at 2. His memorandum of points and authorities, however, only addresses the first issue, the Statement of Decision. Memorandum of Points & Authorities in Support of Motion re: Reconsideration of Statement of Decision filed Septe...
2021.10.12 Motion to Compel Responses 067
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.10.12
Excerpt: ...oduction of Documents (RFPs) to Defendants Dr. Ihab Hanna and the two “Entity defendants” (Defendants “BAII” and “BAIC”), is GRANTED‐IN‐PART and DENIED‐IN‐ PART, as set forth below. Protective Order Defendants have raised HIPAA/privacy/trade secret concerns regarding documents that may contain (dental) patient information, and Defendants have requested that Plaintiff agree to sign a Protective Order addressing these concerns/o...
2021.10.05 Motion to Compel Further Responses 048
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.10.05
Excerpt: ...mpel further responses to Form Interrogatory 17.1 is GRANTED. A. Subpart (b) ‐ Facts Explaining the RFA Denials Defendant's Opposing declaration states, “I . . . generally described the nature of the assistance and/or guidance I provided to him in the interrogatory responses.” (Decl. of Makada ¶ 4.) This is not accurate. Defendant's response to that “Mr. Lombardini had difficulty resolving cases without assistance” and “Mr. Makada wa...
2021.10.05 Demurrer 115
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.10.05
Excerpt: ...issued its remittitur. The Demurrer of Defendants Richard George and Sandrine Clark (“Defendants”) to the Complaint of Plaintiff Triton Property Investments, LLC (“Plaintiff”) is OVERRULED. Defendants first argue that the Complaint fails to state facts sufficient to support an unlawful detainer claim because the Notice of Terminating of Tenancy (“notice”) was posted and mailed without any alleged attempt to personally serve the notice...
2021.09.28 Motion for Summary Judgment, Adjudication 275
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.09.28
Excerpt: ...y Adjudication is GRANTED. The Court also GRANTS summary adjudication on Issue Nos. 1 and 4 as to general negligence (but not gross negligence). The Motion for Summary Adjudication is otherwise DENIED. Plaintiffs Kurt and Elvira Reitman's 1‐15‐20 Complaint asserts three causes of action against Defendant Ngo: negligence, “gross negligence,” and loss of consortium. An amendment to the Complaint names another defendant in place of Doe 1. A ...
2021.09.21 Motion to Quash Deposition Subpoena 729
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.09.21
Excerpt: ...supervisor at Mark Thomas & Company (“Mark Thomas”) and for him to produce documents. Plaintiff claims that Defendants are on an improper fishing expedition, she has a privacy right in her employment records that Defendants cannot overcome, and that the document demands are impermissibly broad. Working backwards, the Court address the document demand first. Defendants acknowledge that Mark Thomas has already produced documents in response to ...
2021.09.21 Motion to Compel Production of Medical Records 729
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.09.21
Excerpt: ...his Motion is whether emails and text messages between Plaintiff and Myers should have also been produced in response to Defendants' Second Amended Deposition Subpoena. (See Ewins Decl., Exh. A.) The document request at issue states: All DOCUMENTS (which is defined herein to mean any writing as defined by California Evidence Code Section 250) and other records (including, but not limited to, audio recordings, notes, treatment records, test result...
2021.09.21 Demurrer 474
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.09.21
Excerpt: ... When ruling on a demurrer, a trial court must admit “all material facts properly pleaded” and “also give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38. Moreover, “[i]f the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of th...
2021.08.31 Motion for Summary Adjudication 360
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.31
Excerpt: ...iff's or Defendant's objections; the challenged evidence was not material to disposition of the motion. (Code of Civ. Proc. § 437c, subd. (q).) The Court grants Plaintiff's Request for Judicial Notice as to Exhibits 1, 2, and 3 and Defendant's Request for Judicial Notice as to Exhibits 15 through 26. The Court reminds Counsel for both parties to comply with California Rules of Court. E‐filed documents must be electronically bookmarked, includi...
2021.08.31 Motion for Attorney Fees 056
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.31
Excerpt: ...,740.62. This case was single‐assigned to the Hon. Nancy L. Fineman, who presided over the pre‐trial hearings and trial in this matter. The parties' lease contains an attorneys' fees clause. Complaint, Ex. A, ¶ 23. Plaintiff is the prevailing judgment as a result of the judgment in his favor. Accordingly, he is entitled to attorneys' fees. Attorney fees are ordinarily determined by the court pursuant to the “lodestar” method. Under the l...
2021.08.31 Demurrer 660
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.31
Excerpt: ...t's 3‐9‐21 Minute Order sustaining JAMS' Demurrer to this same cause of action in the First Amended Complaint (FAC), the FAC did not allege that Plaintiff and Waterville ever agreed to arbitrate before JAMS. Similarly, the SAC recites Plaintiff's and Waterville's arbitration agreement, in which they agreed to arbitrate any dispute arising from the vehicle purchase before AAA, “or any other organization … subject to [Waterville's] approval...
2021.08.31 Application for TRO, OSC Re Preliminary Injunction 187
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.31
Excerpt: ...on ex partes due to the COVID 19 pandemic, the Court set the application for hearing. For the reasons set forth below, the Court finds that there is good cause to issue a temporary restraining order and issue an order to show cause why a preliminary injunction should not issue. Plaintiff seeks a temporary restraining order enjoining Defendant from restricting access and passage on the private easement and requiring the removal of all vehicles and...
2021.08.24 Motion to Permit Limited Specified Discovery 197
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.24
Excerpt: ...tober 19, 2021 hearing date and retains the November 9, 2021 hearing date. The parties are to cooperate in having the discovery completed. The Court has some initial comments regarding the parties' actions to date in litigating this case. Not every dispute should require court intervention, and those that do should not necessitate inundating the Court with voluminous briefing and documentation. Plaintiff filed this case less than six months ago, ...
2021.08.24 Motion to Amend Judgment 695
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.24
Excerpt: ...ne Group Capital Corp. is the alter ego or successor of the judgment debtor. This matter was continued from August 3, 2021 because Plaintiff's counsel had not been aware of any opposition having been filed. Accordingly, the Court continued the hearing so that Plaintiff could file a reply. This tentative is issued after review of that reply and supporting declaration. Plaintiff seeks to amend the judgment to add Fortune Group Capital Corp. as a ju...
2021.08.17 Special Motion to Strike 826
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.17
Excerpt: ...oves to strike each cause of action in the Cross‐Complaint of Defendants/Cross‐ Complainants Sean Wells and San Francisco Veterinary Medical Group, Inc. dba Nor Cal Veterinary Emergency and Specialty Hospital (“Defendants”), or alternatively to strike ¶¶ 18‐20. A cross‐defendant may bring a special motion to strike any cause of action “arising from any act of that person in furtherance of the person's right of petition or free spe...
2021.08.17 Motion to Contest Good Faith Settlement 534
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.17
Excerpt: ..., but continued to allow discovery regarding Shinno's assets. Upon review of the original and supplemental filings and exercising its discretion, the Court GRANTS the motion and DENIES the application that Shinno's settlement with Plaintiff is in good faith. Code of Civil Procedure § 877.6 allows the Court to approve good faith settlements to stop codefendants from seeking contribution from the settling defendant. The Court considers the followi...
2021.08.17 Motion to Compel PMQ Deposition Answers, or for Protective Order, for Issue and Monetary Sanctions 729
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.17
Excerpt: ...tective order for the reasons set forth below. In this motion, Plaintiff seeks to compel a corporate representative designated as the Person Most Qualified (“PMQ”) to answer three further specific deposition and all other deposition questions that Plaintiff may ask in this subsequent deposition. The person most qualified deposition is a specific type of deposition that allows a party to designate subjects rather than a person, and it is the e...
2021.08.17 Demurrer 538
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.17
Excerpt: ...ULED on the ground that these claims are barred by the statute of limitations under Code of Civil Procedure section 338(d). Plaintiff alleges facts sufficient to support that these claims are not time barred based on the delayed discovery rule. Specifically, the allegations support both the time and manner of discovery, and Plaintiff's inability to have made discovery earlier than June 19, 2017, despite reasonable diligence. (See First Amended Co...
2021.08.17 Demurrer 509
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.17
Excerpt: ...contract, while the contract is between Financial Pacific and Plaintiff. This argument ignores the allegations of agency made in Paragraphs 4 and 7 of Plaintiff's Complaint. These allegations are sufficient for agency. CACI 3700 et seq.; 5 Witkin, Cal. Proc. 5th Plead §§ 919, 920 (5th ed. 2020). Further, the allegations are supported by the apparently uncontested fact that Plaintiff did sign a lease for the spray booth with the moving Defendant...
2021.08.10 Motion to Quash Summons 770
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.10
Excerpt: .... Berquist Construction Co., (1994) 24 Cal.App.4th 1426, 1439‐1440. Service of process statutes are generally construed liberally, but there must be at least substantial compliance with the statutory requisites for service. Lebel v. Mai, (2012) 210 Cal.App.4th 1154, 1165. If a copy of the summons and of the complaint “cannot with reasonable diligence be personally delivered to the person to be served” … another type of substituted service...
2021.08.10 Motion to Quash Deposition Subpoenas, for Protective Order, for Monetary Sanctions 729
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.10
Excerpt: ...tal condition at issue. She argues that before delving into similar injuries in her past, Defendant must first establish a nexus between the alleged injuries from her employment termination and those past injuries. (Mov. P&A at 5:21 – 6:13.) Plaintiff relies on the case of Tylo v. Superior Court (1997) 55 Cal. App. 4th 1379. The Tylo case is inapplicable. The Court in Tylo held that a defendant cannot launch a fishing expedition to find out if ...
2021.08.03 Motion for RFAs to be Admitted 175
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.03
Excerpt: ...urt has previously denied this motion for failure to hold an Informal Discovery Conference. TD Bank has refiled the motion arguing that this Court cannot require an Informal Discovery Conference when there is no response to requests for admissions. TD Bank is incorrect. TD Bank made this argument before the Hon. Danny Chou in another case, TD Bank USA, N.A. v. Arnold, 18Civ06667 involving the same law firm as in this case, which motion was joined...
2021.08.03 Motion for Mental Exam 111
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.03
Excerpt: ... examination. Vinson v. Superior Court (1987) 43 Cal.3d 833. Plaintiff has failed to show that the specific psychological tests that the examiners propose are unnecessary, and Plaintiff has not shown that the time or scope that the examiners propose is unreasonable. (2) Pursuant to Code of Civ. Procedure § 2032.320(d) the Court orders as follows: (a) Howard Friedman, PhD, ABPP is to perform the first portion of the examination. Charles Saldanha,...
2021.08.03 Demurrer, for Attorney Fees 067
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.08.03
Excerpt: ...As an initial matter, the Court did not consider the Defendants' late‐filed reply. (1) The Demurrer to the Fourth, Fifth, and Sixth Causes of Action based on the court having no jurisdiction of the subject of the cause of action is OVERRULED. Defendants make no argument as to this ground for demurrer. (2) The Demurrer to the Fourth Cause of Action for Concealment based on a failure to state a claim is OVERRULED as to Defendant Hanna DDS, Inc., ...
2021.07.27 Demurrer 804
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.07.27
Excerpt: ...ng this time of the COVID 19 pandemic, “that the integrity of the judicial process requires … [the Court] to subject every motion to review before granting it.” California Judge's Benchbook: Civil Proceedings Before Trial § 6.21 (Thomson Reuters 2021). Therefore, the Court has substantively reviewed Defendant's demurrer even though there is no opposition. Defendant's Request for Judicial Notice is GRANTED “that the San Mateo Medical Cent...
2021.07.27 Motion to Compel Deposition Answers, for Sanctions 974
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.07.27
Excerpt: ...ns though implicate Plaintiff's and third parties' privacy rights. The Court must balance the right of privacy against the need for discovery. Williams v. Superior Court (2017) 3 Cal. 5th 531, 552. As our Supreme Court explained: The state Constitution expressly grants Californians a right of privacy. (Cal. Const., art. I, § 1.) Protection of informational privacy is the provision's central concern. (Hill v. National Collegiate Athletic Assn. (1...
2021.07.27 Motion to Vacate Judgment 164
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.07.27
Excerpt: ...art: In this motion, Petitioners have not satisfied any of the requirements to obtain a new trial or vacate the judgment. Petitioners have provided no evidence in support of their fraud claims. In any case, however, they have provided no persuasive argument or pertinent authority indicating that the judgment was issued based on an incorrect or erroneous legal conclusion. Code Civ. Proc. § 663; Shapiro v. Prudential Property & Casualty Co., 52 Ca...
2021.07.20 Motion to File Under Seal 826
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.07.20
Excerpt: ...n brief (pp. 1:22‐13:14), and Exhibits C, D, E, F, H, J, and K to the Sean Wells Declaration, the Motion is DENIED. Regarding the Defendant's Opposition brief (pp. 14:2, 14:16‐ 17), the Motion is GRANTED. Pursuant to California Rules of Court, rule 2.551(b)(6), within 10 days of this order denying Defendants' Motion to Seal, Defendant may notify the Court and all other parties that the following documents lodged on March 8, 2021 are to be fil...
2021.07.20 Demurrer 800
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.07.20
Excerpt: ...y of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.” (C.C.P. § 128.7(a).) “An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.” (Ibid.) A notice of hearing must be filed and served with the Demurrer. (See CRC Rule 3.1320(c).) Thus, the Notice of Hearing is STRICKEN...
2021.07.13 Motion to Dismiss for Lack of Personal Jurisdiction and Forum Non Conveniens 509
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.07.13
Excerpt: ...ding to dismiss Plaintiff's action on grounds of forum non conveniens is DENIED, for the reasons set forth below. Defendant Financial Pacific Leasing's motion for joinder in the motion to dismiss is GRANTED. The motion is procedurally proper as a defendant may file a forum non conveniens motion after a demurrer is filed. Global Financial Distributors, Inc. v. Superior Court (2019) 35 Cal.App.5th 179, 191‐192. Defendants Jeff O'Day and First Pac...
2021.07.13 Demurrer 723
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.07.13
Excerpt: ...gal arguments in this demurrer are not applicable to her. The joinder is also unnecessary because she has filed her own demurrer. The Court rules of the Demurrer of MOORE as follows: Demurrer to the ninth cause of action (breach of fiduciary duty) is OVERRULED. As a real estate broker who promised to act on behalf of Plaintiff regarding the sale of the business, paragraph 12 of the Complaint, MOORE had a fiduciary duty to Plaintiff. (William L. L...
2021.07.06 Motion to Vacate Judgment on the Pleadings 902
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.07.06
Excerpt: ... Defendant's Motion for Judgment on the Pleadings without leave to amend as to the First and Second Causes of Action in the Second Amended Complaint and made other rulings, which order Plaintiff seeks to have vacated. Plaintiff brings this unopposed motion to Vacate Judgment on the Pleadings, and to Set this Equity Action for Trial, or in the Alternative, to Enter Judgment in Favor of Plaintiff on the Second Cause of Action to Correct the Record ...
2021.07.06 Motion to Strike 482
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.07.06
Excerpt: ... Defendant has not established that it cannot be held vicariously liable for its supervisory and administrative employees that allegedly knew about Molina's abuse, and are alleged to have still retained and inadequately supervised her. (See C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 865, 875.) (2) The motion to strike portion of paragraph 59 is GRANTED only as to the portion “while in the course and scope of employme...
2021.07.06 Motion to Quash Deposition Subpoena 178
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.07.06
Excerpt: ...ted that there is a right to privacy under the California Constitution, Article I, Section 1, the right is not absolute and can be waived. In this case, there is no question that Plaintiff has tendered his mental condition in this lawsuit and that Defendants are entitled to documents related to that issue. The issue presented before this Court is the scope of the production of a subpoena issued to Plaintiff's only disclosed healthcare provider wh...
2021.06.29 Demurrer 474
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.06.29
Excerpt: ...cause any prejudice, but notifies the parties so that they know that any in person appearances before Judge Fineman will be in South San Francisco. The Demurrer of Defendant BBV Profit Sharing Plan (“Defendant”) to the Amended Complaint of Plaintiff Bernice Turner (“Plaintiff”) is ruled on as follows: Defendant's Demurrer to the First Cause of Action for Fraud is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to...
2021.06.29 Demurrer 228
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.06.29
Excerpt: ... Mateo based on the judicially noticed fact that the Police Department is a subsidiary department or division of the City. As in Defendants' briefing, Defendants City of San Mateo and Officer Andre Malott are referred to herein as City Defendants. City Defendants' unopposed Demurrer to the First Cause of Action for Intentional Tort in Plaintiff's Complaint, the only cause of action therein, is SUSTAINED with leave to amend pursuant to Code of Civ...
2021.06.22 Motion to Quash Service of Summons 115
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.06.22
Excerpt: ... requirements for service of process are not fulfilled. In the unlawful detainer context, a defendant may contest personal jurisdiction where the five‐ day summons specific to unlawful detainer actions is not supported by a complaint for unlawful detainer. Such instances are unusual and arise only where the summons is served alongside a complaint for a completely different cause of action (e.g., breach of contract) or a complaint that fails to ...

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