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2024.05.20 Motion to Strike Allegations 447
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...n alleged oral agreement between the parties to transfer title to a house purchased solely in Defendant's name into the parties' names jointly. The operative verified First Amended Complaint (“FAC”) brings causes of action for (1) quiet title; (2) declaratory relief; (3) partition and accounting; (4) fraud; (5) constructive fraud; (6) negligent misrepresentation; (7) breach of fiduciary duty; (8) imposition of a constructive trust; (9) to e...
2024.05.20 Motion for Summary Judgment 251
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ... the documents and not to the truth of any matter therein (see Middlebrook- Anderson Co. v. Southwest Sav. & Loan Assn. (1971) 18 Cal.App.3d 1023, 1038), and DENIED as to nos. 5– 6 as irrelevant. Plaintiffs JW Properties Development, LLC's and 430 Eddy St. Associates, LLC' s Request for Judicial Notice is GRANTED as to items nos. 1 –2, but only as to the existence of the documents and not to the truth of any matter therein (see Middlebrook -A...
2024.05.20 Motion for Summary Judgment 121
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...l. Rules of Court, rule 3.1110(f)(4).) The trial court has discretion under Code of Civil Procedure section 437c to overlook procedural errors in the moving and opposition papers, if the evidence presented warrants it though. (Zimmerman, Rosenfeld, Gersh & Leeds LLP v. Lars on (2005) 131 Cal.App.4th 1466, 1478.) The Court exercises its discretion to overlook this defect, but Defendant is cautioned to comply with this rule in the future. BACKGROUN...
2024.05.20 Motion for Leave to Conduct Specified Discovery 269
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...tion contained a request for judicial notice of three exhibits. To the extent plaintiff requested this court take judicial notice of exhibits 1 -3 with respect to the instant motion for leave to conduct specified discovery, the request is GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED. (Evid. Code, §§ 452, 453.) On January 16, 2024, plaintiff Hamid Khazaeli in propria persona brought the underlying action arising out of circumstances r...
2024.05.20 Demurrer, Motion to Strike 407
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...OUT LEAVE TO AMEND w ith respect to the First, Second, Third, and Fifth Causes of Action pursuant to Cal. Code of Civil Procedure Sections 430.10(e), 335.1, 340.5, 340(c). The Demurrer to the Fourth Cause of Action for Fraud is SUSTAINED WITH LEAVE TO AMEND to allege a cause of action for fraud, because leave had not been previously granted to add an additional cause of action. Defendants' Request for Judicial Notice is GRANTED pursuant to Cal. E...
2024.05.20 Demurrer 767
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...r Judicial Notice (RJN) is GRANTED. (Evid. Code Sect. 452(d).) Ferrari N.A.'s dismissal in Case No. 18CIV06808 was without prejudice, and thus does not bar/preclude a subsequent suit against Ferrari, N.A., assuming the statute of limitations has not expired. As Ferrari notes, on 6 -27- 23, in Case No. 18CIV06808 (the “2018 case”), the Court issued an Order dismissing Ferrari N.A. pursuant to Code Civ. Proc. Sect. 583.210(a), which mandates di...
2024.05.13 Motion to Quash and Vacate Entry of Default Judgment 369
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ...ty in South San Francisco against Defendants Mitch Matsuno and Suryadi Koswara. On 3/29/2024, Plaintiff filed proofs of service of summons by personal service for each of the Defendants, purportedly at the property which is the subject of the action (100 Baden Ave #207, South San Francisco). On 3/29/2024, Plaintiff requested clerk's judgment for possession only, which was entered by the clerk on that day. Defendant Suryadi Koswara now moves the ...
2024.05.13 Motion for Summary Judgment 145
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ... subdivision applie s to a motion for summary adjudication though. (See Cal. Rules of Court, rule 3.1350(b).) Plaintiff seeks only summary judgment and does not also seek summary adjudication. (See Plaintiff's Notice of Motion.) Therefore, Rule 3.1350(b) does not apply here. Plaintiff seeks summary judgment to the Third Cause of Action for Breach of Lease, which is the only remaining cause of action in the FAC. The Third Cause of Action alleges b...
2024.05.13 Motion for Judgment on Pleadings 052
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ...d Nov. 3, 2023, i s DENIED. (Code Civ. Proc. Sect. 438.) Defendants' 11 -3 -23 Request for Judicial Notice is GRANTED as to Exhibits 1 -2 and 6 -8 (Evid. Code Sect. 452(d)), and GRANTED as to Exhibits 3 -5 (Evid. Code Sect. 452(c).) As to court -filed documents, the Court takes judicial notice of their filing dates and contents, but not the truth of statements/allegations therein. Plaintiffs' 2 -20- 24 Request for Judicial Notice is GRANTED. (E...
2024.05.13 Demurrer to FACC 067
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ...es, Inc.'s First Am ended Cross -Complaint (“FACC”), filed September 6, 2023, is OVERRULED as follows. Failure to Allege Sufficient Facts The FACC alleges that “On or about November 27, 2019, HOME SAFETY tendered its defense to MUSIC, who denied defense claiming that it owed n o duty to defend or indemnity HOME SAFETY on grounds that HOME SAFETY had purchased its own liability insurance with VGM Insurance Services (“VGM”), and MUSIC's ...
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 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 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...
2024.05.06 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...
2024.04.22 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 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...
2024.04.08 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...

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