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2023.02.14 Motion for Determination of Good Faith Settlement 339
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ...88, 499 is to continue the motion to allow discovery as to Broadway's financial condition and its insurance coverage. See City of Grand Terrace v. Sup.Ct. (1987) 192 Cal.App.3d 1251, 1265. The parties shall meet-and-confer prior to the hearing to discuss the timing and scope of that discovery. The evidence demonstrates that liability is disputed and there is evidence where a fact finder could find Broadway the primary tortfeasor as well as eviden...
2023.02.14 Demurrer 765
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ... its discretion to still consider it since there does not appear to be any prejudice to the County since it filed a substantive reply. It appears that the opposition was late because Plaintiff did not realize that Monday, February 13, 2023 is a court holiday, a mistake that many people make. The Demurrer is OVERRULED based on failure to allege facts sufficient to support the claim for dangerous condition of public property. “A public entity had...
2023.02.14 Demurrer 896
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.14
Excerpt: ...iv. Proc. Sect. 430.10(e)), that the Complaint is “uncertain” (Sect. 430.10(f)), and that this case should be “abated” pending resolution of an earlier-filed civil case involving these same parties (Sect. 430.10(c)). The Court disagrees. The Complaint sufficiently states a cause of action for unlawful detainer (UD). Civ. Code Sect. 1161(1). It alleges that Defendants Broers and Olabi entered into lease agreements for the Premises, that th...
2023.02.07 Demurrer to FAP 493
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.02.07
Excerpt: ...61 Cal.4th 435, 441; Health and Safety Code § 50003(a). The First Amended Petition alleges facts demonstrating the City's efforts to mitigate the housing crisis in its city. As has become increasingly frequent, solutions to solving the housing crisis comes into potential conflict with policies protecting the environment. In 1970, the California Legislature enacted the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et...
2023.01.31 Special Motion to Strike Complaint 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.31
Excerpt: ...t repeats its tentative from the September 20 and November 1, 2022 hearing: The Hon. Nancy L. Fineman discloses that she received via regular mail a letter dated August 19, 2022 from Defendant to the Commission on Judicial Performance, which was not served on Plaintiff. The referenced attachments were not enclosed. The special motion to strike, filed by Cross‐defendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐comp...
2023.01.31 Petition for Coordination 264
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.31
Excerpt: ..., Garcia et al. v. Citibank N.A., San Diego Superior Court Case No. 37‐ 2022‐00005196 (“San Diego case”, and Monasterio v. Citibank, N.A., San Mateo Superior Court Case No. 20Civ03650 (“San Mateo case”) should be coordinated pursuant to Code of Civil Procedure section 404 et seq. As a preliminary matter, the Court finds that the actions are complex. They are both wage‐andhour PAGA (Private Attorney General Action) cases. When simila...
2023.01.31 Motion to Quash Subpoenas 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.31
Excerpt: ... privacy is the provision's central concern. (Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 35.) In Hill, we established a framework for evaluating potential invasions of privacy. The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Id. at pp. 35–37.) The party seeking inf...
2023.01.31 Motion for Summary Judgment 806
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.31
Excerpt: ...sed on: (1) an open book, (2) an account stated, (3) goods sold and delivered, and (4) an account extended. However, Plaintiff's memorandum of points and authorities in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.5‐7; see also Proposed Judgment) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is...
2023.01.24 Demurrer 242
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.24
Excerpt: ... Sect. 430.10(e). First Cause of Action (“Violation of Due Process: 42 U.S.C. 1983”) As to First Cause of Action alleging a “Violation of Due Process: 42 U.S.C. Sect. 1983,” the Demurrer is SUSTAINED. Code Civ. Proc. Sect. 430.10(e). First, Plaintiff's Opposition does not appear to meaningfully address this cause of action, or respond to Defendants' contention that the claim is time‐barred. Instead, the Opposition appears to focus solel...
2023.01.17 OSC Re Preliminary Injunction 679
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.17
Excerpt: ...man”), Gail Suzanne Marie Teymourian, and2700 Middlefield Road LLC (collectively “Plaintiffs”) is DENIED. Procedurally, the Court notes that Plaintiffs' memorandum filed in support of the ex parte application and OSC is in excess of the fifteen‐page limit. (See Cal. Rules of Court Rule 3.1113(d).) Therefore, Plaintiffs are cautioned to comply with the page limit requirement in the future, or else the Court may not consider the entirety of...
2023.01.17 Motion for Summary Judgment, Adjudication 774
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.17
Excerpt: ... are minor. For instance, Plaintiffs violated California Rule of Court 3.1350(b). Others are more substantial and have hindered the Court in reviewing the motion. For example, both parties violated California Rules of Court 3.1350(d)(3) by, at times, by failing to cite to specific pages. Plaintiffs also incorporate by reference facts set forth in their motion to class certification without specifying all specific pages. Plaintiff provide hyperlin...
2023.01.17 Demurrers to SAC 997
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.17
Excerpt: ...et forth below. Pizziconi shall fill an amended complaint no later than ten (10) days after service of notice of entry of this order. California Rule of Court 3.1320(g); Code of Civil Procedure § 472b. Bylkylov's Request for Judicial Notice is GRANTED. By this Demurrer, Bylkylov demurs to Pizziconi's Second Amended Complaint (the “SAC”) on the basis that the complaint as a whole and the second through fifth causes of action therein fail to s...
2023.01.10 Demurrer 236
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.10
Excerpt: ...on as required for contract and business interference and failed to alleged an independently wrongful act as required for intentional and negligent interference with prospective economic relations. Order Sustaining Demurrer to Second Amended Complaint filed August 30, 2022. Plaintiffs have filed the Third Amended Complaint adding a cause of action for negligent misrepresentation and additional facts based, inter alia, on deposition testimony of D...
2023.01.10 Motion to Terminate Stay, for Deposit of Rents 369
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.10
Excerpt: ... that under the facts of this case, Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367 requires a stay of this proceeding because if Defendant is successful in Guichang Tian v. Microcredit Loan Fund, San Mateo Case No. 21Civ06731, Plaintiff will not have standing to prosecute this case. Plaintiff attempts to distinguish the case from this proceeding, pointing to the fact that the defendant in that case claimed title for himself while Defendants c...
2023.01.10 Motion to Set Aside Default Judgment 474
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.01.10
Excerpt: ...rounds on which Defendant brings his motion, must be made “within a reasonable time, in no case exceeding six months” after judgment is entered. (Code of Civ. Proc. § 473(b).) Judgment for possession and judgment for damages were entered on December 19, 2014, and June 10, 2015, respectively. Defendant filed this motion November 22, 2022, more than six months after entry of both judgments. Further, Defendant's having filed a Motion to Tax Cos...
2022.12.20 Motion for Sanctions 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.20
Excerpt: ... Civil Procedure section 2030.290, subdivision (c) authorizes a court to impose various sanctions prescribed under Code of Civil Procedure sections 2023.010 and 2023.030 on a party who fails to obey a court order compelling responses to interrogatories. (Code of Civ. Proc., § 2030.290, subd. (c) [all further references are to the Code of Civ. Proc. unless designated otherwise].) Section 2031.300, subdivision (c) authorizes the same with respect ...
2022.12.20 Demurrer to SAC 385
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.20
Excerpt: ...e Civ. Proc. Sect. 430.10(e). Defendants' 11‐1‐22 unopposed Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). As to court‐filed documents, the court takes judicial notice of their contents and filing dates, but does not take judicial notice of the truth of statements/allegations therein. The Court notes that after this Demurrer was filed, Plaintiff dismissed all named defendants except for demurring party Walgreen Co. (12‐2...
2022.12.20 Demurrer to FAC 007
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.20
Excerpt: ... in the First Amended Complaint by Plaintiff Mary Helena Celine Joseph, individually and as successorin‐interest to Gryselda Joseph (“Plaintiff”), is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. The elements of a claim for negligent entrustment of a motor vehicle are: (1) that the driver was negligent in operating the vehicle; (2) that the defendant owned the vehicle or had possession of t...
2022.12.13 Motion for Summary Judgment, Adjudication 974
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.13
Excerpt: ... for hearing of the motion is less than 30 days before the date of trial – January 11, 2023 – and Plaintiff has not sought or obtained a determination that there is good cause to hear the motion less than 30 days before trial. Accordingly, Plaintiff's motion is procedurally defective under Code of Civil Procedure § 473c. Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268. Defendant seeks sanctions based on Plaintiff's failure to withdraw th...
2022.12.13 Demurrer to TAC 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.13
Excerpt: ...rd Amended Complaint (“TAC”). Plaintiff filed the amended complaints in response to demurrers and motions to strike filed by Defendants before the Court could rule on any of the motions. Finally the demurrers came before this Court for ruling and on November 1, 2022, the Court issued tentative rulings for Defendants Laikun Lei and Kei Leung's demurrer and motion to strike the Third Amended Complaint (“TAC”). The Court granted the joinders...
2022.12.06 OSC Re Dismissal 691
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.06
Excerpt: ...sented by counsel. Defendant correctly pointed out that an entity must be represented in litigation by an attorney. Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 730; CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145; Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101–1103. However, the rule does not deprive a corporation the right to be a party t...
2022.12.06 Motion to Strike 546
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.06
Excerpt: ...017. The Court notes that the proof of service to the reply is not signed. The Court rules on Defendant John Cowan's Motion to Strike portions of Plaintiff Barbie Barrett M.D.'s 8‐31‐22 Complaint as follows. Emotional distress damages While generally, a lawyer does not assume or “create a duty to protect the client's emotional state,” Friedman v. Merck & Co. (2003) 107 Cal.App.4th 454, 472‐473, when “a plaintiff sufficiently alleges i...
2022.12.06 Demurrer 546
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.12.06
Excerpt: ...rt rules on Defendant John Cowan's Demurrer to Plaintiff Barbie Barrett M.D.'s 8‐31‐ 22 Complaint as follows: Defendant demurrers to the First, Second and Fifth causes of action alleging that they do not state facts upon which relief can be granted because they are not pled with sufficient specificity and/or particularity. Code Civ. Proc. § 430.10(e). The rules for a demurrer are well known: In reviewing the demurrer, the Court construes the...
2022.11.15 OSC Re Preliminary Injunction 439
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.15
Excerpt: ...ton Ave., Belmont, Ca., is GRANTED‐IN‐PART and DENIED‐IN‐PART. The Application is GRANTED as to Parcel Nos. 043‐ 102‐170, 043‐102‐260, 043‐102‐270, and DENIED as to Parcel No. 043‐ 102‐180. Pending resolution of this case or until further Order from the Court, Defendants are HEREBY ENJOINED from conducting a foreclosure sale of Parcel Nos. 043‐102‐170, 043‐102‐260, 043‐102‐270. Background. The following facts a...
2022.11.15 Motion to Compel Further Responses 997
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.11.15
Excerpt: ...compelling further responses to an interrogatory if “[a]n answer to a particular interrogatory is evasive or incomplete.” (Code of Civ. Proc., § 2030.300, subd. (a).) By this Motion, the State of California (the “State”) seeks to compel a further response from Darkhan Bylkylov (“Bylkylov”) to Form Interrogatory No. 17.1 propounded in its second set of form interrogatories. The interrogatory requests, inter alia, that Bylkylov provide...

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