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2024.05.06 Motion for Summary Judgment, Adjudication 752
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...s here for summary judgment on the grounds that each claim of the First Amended Complaint (the “FAC”), which asserts causes of action for violations of the Fair Employment and Housing Act (the “FEHA”) in a single count, are timebarred. The County also moves for summary adjud ication of pre-2015 violations of the FEHA in the alternative. In support of both grounds, the County contends that Plaintiff Catherine Baker failed to exhaust her ad...
2024.05.06 Motion for Leave to File Amended Complaint 905
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...o exercise discretio n liberally to permit amendment of pleadings. (Code Civ. Proc. Sect. 473; 576; Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.) Relevant procedural history. On July 10, 2023, the Court sustained, in p art, Defendant Tesla's Demurrer to Plaintiff's Third Amended Complaint, with respect to the second, third, fourth, fifth, and sixth causes of action therein, without leave to...
2024.05.06 Demurrer 642
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...ions 426.30( a), 430.10(e). Defendants' Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code Section 452(d). Cal. Code of Civil Procedure Section 426.30(a) provides: “Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross -complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such ...
2024.05.06 Motion for Summary Judgment, Adjudication 643
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...l notice only as to the existence of these records, and not as to the truth of the factual matters contained therein. (Dominguez v. Bonta (2022) 87 Cal.App.5th 389, 400.) For the following reasons, however, Defendants' Motion for Summary Judgment and/or Summary Adjudicat ion is continued to August 19, 2024. In the operative Third Amended Complaint, Plaintiff alleges, in short, that the parties entered into a settlement agreement in 2015 resolving...
2024.04.22 Motion to File Portions of Attachment to Petition to Confirm Contractual Arbitration Award 316
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.04.22
Excerpt: ...orandum in supp ort of the petition and by subsequent motion filed April 8, 2024, petitioners also requested this court seal the personal identification information in the operating agreement which is attached to the petition as attachment 4(b). The Motion to seal is GRA NTED. This court in exercising its discretion, after considering and balancing all the factors in California Rules of Court, rule 2.550 and NBC Subsidiary (KNBC -TV), Inc. v. S...
2024.04.22 Motion to Compel Production of Docs and Further Responses 860
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.04.22
Excerpt: ...roduction of Documents, Set Two, and Requests for Admission, Set One from Defendant Herbert Perez is DENIED. As a preliminary matter, the motion is untimely. Notice of a motion to compel further responses must be given “given within 45 days of the service of the verifi ed response, or any supplemental verified response” otherwise “the requesting party waives any right to compel a further response to the” request for production or reques...
2024.04.22 Motion for Summary Adjudication 219
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.04.22
Excerpt: ...Laws and Disgorg ement Per Business and Professions Code section 7031(b). “Except as provided in subdivision (e), a person who utilizes the services of an unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract.” (Bus. & Prof. Code § 7031(b).) “Section 7031 is directed at precluding unlicensed contract...
2024.04.22 Demurrer 238
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.04.22
Excerpt: ...y appear t o have been served by regular mail, in violation of Code Civ. Proc. Sect. 1005(c). The Court will overlook the violation in this instance, but may continue future hearings, or disregard filings, for non- compliance with Sect. 1005(c). Legal standard. A demu rrer is used to challenge defects that appear on the face of the pleading, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 31...
2024.04.15 Motion for Preliminary Injunction 074
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.04.15
Excerpt: ...edwood City, CA, which is part of the Lynda Lake Gardens (“LLG”) development. In short, this action concerns Plaintiffs' access to the central lake in their housing development (“Lot A”) and its surrounding pathway easements. Among other matters, Plaintiffs primarily contend that the actions of the Homeowners' Association (“HOA”) and in particular, Defendant Gary Ernst as owner of the plot in between Plaintiffs' and the lake, prevent ...
2024.04.15 Motion for Judgment on the Pleadings 998
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.04.15
Excerpt: ... Equity Growth Asset Management (“EGAM”) did not attempt to meet and confer with him before filing this motion. Under penalty of perjury, he denies EGAM's counsel's declaration that she called Suafai on four separate days, that no one picked up, that the number does not permit leaving a message, and that she sent an email a week before filing the motion. (See Jan. 16, 2024 Declaration of Joanna Kozubal, ¶¶ 3 –7.) Without weighing the cr...
2024.04.15 Demurrer, Motion to Strike SAC 677
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.04.15
Excerpt: ...plaint (“SAC”) is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc. Sect. 430.10(e).) Hearing location. Defendants' 12 -28 -23 Notice of Demurrer incorrectly states that the hearing on this Demurrer will take place in the San Mateo courthouse. The hearing will take pla ce in Department 23, which is located to 400 County Center, Redwood City, Ca. Defendants' 12 -28 -23 Request for Judicial Notice (RJN) is GRANTED. (Evid. Code Sect. 452(d).) T...
2024.04.15 Demurrer 083
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.04.15
Excerpt: ...er than five (5) days after service of written notice of this order. Defendants demur to the Complaint under Code of Civil Procedure section 430.10, subdivision (e). They argue that the three -day notice to pay rent or quit (referred to as the “Notice”) served to them should have specified that payment of the overdue rent could be made by mail, rather than solely by personal delivery. “A valid three -day pay rent or quit notice is a prere...
2024.04.08 Application for Right to Attach Order 583
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.04.08
Excerpt: ...graph 3 of the lease, Defendant PCHRG agreed to pay initial base rent of $15,500.00 monthly for the first two years of the lease, with annual increases thereafter. (See Compl. Ex. 1.) Under paragraph 3, the base rent increased to $17,505.00 on Jan. 1, 2023 and again to $ 18,030.00 on Jan. 1, 2024. Under paragraph 5 of the lease, PCHRG agreed to pay Plaintiff 100% of all real estate taxes assessed against the Premises as additional rent. Accordin...
2024.04.08 Demurrer, Motion to Strike 473
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.04.08
Excerpt: ...s Third Cause of Action for Breach of Implied Warranties of Fitness and Merchantability under the SongBeverly Consumer Warranty Act (“Act”) based on failure to allege facts sufficient to support this claim. Defendant argues that Plaintiff has not alleged facts sufficient to support that he gave Defendant pre -suit notice to allow Defendant an opportunity to repair or replace the bicycle, as required under the Act. However, Defendant fails to ...
2024.04.08 Demurrer, Motion to Strike 260
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.04.08
Excerpt: ...matter, Defendant The Charles Armstrong School (“the School”) fails to demonstrate it satisfied its meet -and -confer obligations. The Declaration of Kellie M. Murphy reveals that the parties' counsel only exchanged correspondence and did not “meet and confer in person, by t elephone, or by video conference” as required. (Code of Civ. Proc., § 430.41, subd. (a).) “A determination by the court that the meet and confer process was insuf...
2024.03.25 Special Motion to Strike 326
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.25
Excerpt: ...cted free speech under the common interest doctrine set forth in Civil Code § 47(c)(1). The County seeks to strike paragraphs 38 through 43 and 61 through 68 of Plaintiff Steven Heindel's First Amended Complaint. The alleged defamatory statements are contained in paragrap hs 38 through 40 of the First Amended Complaint, which state: 38. Several senior ranking members of the Sheriff's Office have spread rumors that Sergeant Heindel was “walked ...
2024.03.25 Demurrer 779
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.25
Excerpt: ...s Complaint asserts six causes of action against her employer, Defendant Visa Technology & Operations LLC (“Visa”), for gender, race, and national origin discrimination and retaliation in violation of California's Fair Employment and Housing Act (“FEHA”). (Govt. Code Sect. 1 2940 et. seq.) The Complaint alleges that at all relevant times, Plaintiff resided and worked in Virginia. (Cmplt., para. 4.) It alleges that “[Visa's] office overs...
2024.03.25 Demurrer 429
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.25
Excerpt: .... (“SPS”) and U.S. Bank, N.A. (“US Bank”) (collectively, the “Lender Defendants”) regarding a mortgage loan relating to real property located in Daly City, CA. The Lender Defendants demur to each cause of action in the Complaint. Defendants' Request for Judicial Notice (“RJN”) is GRANTED pursuant to Cal. Evid. Code § 452(c), but only as to their existence and not as to the truth of the factual matters contained therein. For the r...
2024.03.18 Motion to Transfer Venue 021
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.18
Excerpt: ... Maduros' (collectively, “Respondents”) “Motion to Transfer Venue,” filed 12 -2223, is DENIED. (Code Civ. Proc. Sect. 392 et. seq.) Background. Petitioners/Plaintiffs the City of San Bruno and Walmart.com USA, LLC (“Petitioners”) filed this Petition/Complaint against Respondents, seeking to set aside/invalidate certain decisions (“Reallocation Notices”) made by the CDTFA on April 17, 2023. Petitioners contend that the April 17, ...
2024.03.18 Motion for Summary Judgment, Adjudication 261
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.18
Excerpt: ...plaint is DEN IED. Plaintiff and Cross -defendant Montgomery Sansome, L.P.'s Request for Judicial Notice is GRANTED as to all items, but only for the existence of these documents as court records and not for the truth of any fact therein. (See Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 883– 884.) Defendant and Cross-complainant Nathalie Anne Gachot's papers reference a request for judicial notice ...
2024.03.18 Motion for Summary Judgment 615
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.18
Excerpt: ...aranty Agreement to guarantee the lease entered into by Plaintiff and its tenant, Green Haven LLC (“Tenant”). The Guaranty Agreement calls for joint and several liability among the Guarantors, of whom Defendant Hester is one. (Defendant's SSUMF ¶ 9.) The Tenant defaulted on its re nt obligations in January 2023. (Defendant's SSUMF ¶ 5; Kronenberg Decl. ¶ 3.) Plaintiff now moves for summary judgment against Defendant for breach of guaranty....
2024.03.11 Motion to Strike, Demurrer 646
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.11
Excerpt: ...icken is irrelevant, false, or improper under Code Civ. Proc. § 436(a).) A motion to strike may be used to attack the entire pleading, or any part thereof, even single words or phrases. (Baral v. Schnitt (2016) 1 Cal.5th 376, 393 -394.) The motion lies to strike any irrelevant, false, or improper matter inserted in any pleading, or to strike any pleading or part thereof which is not drawn or filed in conformity with the laws of this state, a co...
2024.03.11 Motion for Summary Judgment, Adjudication 238
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.11
Excerpt: ...t (SAC), is GRAN TED. (Code Civ. Proc. Sect. 437c.) The State's alternative Motion for Summary Adjudication (“MSA”) is therefore DENIED AS MOOT. (Code Civ. Proc. Sect. 437c.) Plaintiff's 11 -6 -23 Objections to Evidence (to the 10 - 10 -23 Corrected Marshall Decl.) are ruled upon as follows: • Marshall Decl., Para. 4 -5. OVERRULED. Plaintiff's objections go to the weight of this testimony. Marshall testified in deposition that she does not...
2024.03.11 Demurrer to FAC 842
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.11
Excerpt: ...lows: Demurre r to the Seventh Cause of Action for Breach of Duty of Common Carrier, based on failure to state facts sufficient to support this cause of action, is OVERRULED. The FAC alleges that the ambulances operated by Defendants are common carriers under Civil Cod e section 2168 because they hold themselves out to the public generally and indifferently to transport people from place to place for profit. (FAC, ¶ 129.) Defendants argue that ...
2024.03.04 Motion to Transfer 206
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.03.04
Excerpt: ...l Procedure Section 397(a). As Defendants point out, Cal. Code of Civil Procedure Section 395.5 provides: A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to change the place of trial as in other cases. Pl...

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