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2022.10.10 Demurrer 040
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.10
Excerpt: ...he subject of Liberty's complaint in San Mateo County Superior Court Case number 21‐CIV‐04741 (“Lawsuit No. 1). That lawsuit alleges that Hillhouse embezzled approximately $800,000 from Liberty's defined benefit play through use of “secret electronic bank transfers,” forging Liberty's name on “business checks,” and embezzling “thousands of dollars” from Liberty's “business checking account.” The lawsuit also alleges that Hil...
2022.10.03 Motion for Summary Judgment 412
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.03
Excerpt: ...action. The alternative motion for summary adjudication of issues is GRANTED as to Issues 4, 6, 11, 12, 14, 16, and DENIED as to Issues 1, 2, 3, 5, 7, 8, 9, 10a, 10b, 13, 15, 17, and 18. Defendants' Objections 1. Supplemental Declaration of Randy Dizitser Objection 1 is OVERRULED. The Supplemental Declaration of Randy Dizitser is untimely filed, but the Court exercises its discretion to consider late‐filed papers. (CRC Rule 3.1300(d); Levingsto...
2022.10.03 Motion for Relief from Default Judgment 904
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.03
Excerpt: ... GRANTED as to Ex. A (Evid. Code Sect. 452(d), and GRANTED as to Ex. B‐C. Evid. Code Sect. 452(c). THE 4‐29‐21 SUBSTITUTE SERVICE AT DEFENDANT'S TIBURON HOME. Defendant seeks relief from the October 2021 default and default Judgment on grounds the process server's April 29, 2021 substitute service of the Summons and Complaint on a woman living in Defendant's Tiburon, Ca. home was purportedly ineffective. Defendant contends he did not receiv...
2022.10.03 Motion for Leave to File FAC 739
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.03
Excerpt: ... an in‐dependent contractor agreement signed in 2015 (the “2015 Agreement”). Plaintiff seeks leave to file an amended pleading instead alleging that Defendant breached it duties under insurance coverage it offered to its agents under a prior agreement dating to 2012 (the “2012 Agreement”), in addition to asserting an alternative legal theory of recovery. Defendant contends that the Complaint's allegation that the 2015 Agreement governed...
2022.10.03 Demurrer to FAC 074
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.10.03
Excerpt: ... Demurrer to Plaintiffs' First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND pursuant to Cal. Code of Civ. Proc. §430.10(e). Defendants argue, inter alia, that the same defects that led the Court to grant judgment on the pleadings as to the Original Complaint are fatal to the FAC. Namely, there is no judgment entered against the Wong Estate, meaning the claim for indemnification has not ripened. Defendants further argue that the allegations...
2022.09.12 Motion for Preliminary Injunction 518
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.09.12
Excerpt: ...ent of a strip of land located between their and Defendant's property and used by Plaintiffs as a driveway (the “Driveway Land”). Plaintiffs also seek to enjoin Defendant from opening a ‘tap room' and selling alcoholic beverages on its property. In determining whether to issue a preliminary injunction, the Court must evaluate two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits at trial, and (2) the int...
2022.08.29 Motion to Strike Cross Complaint 145
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.29
Excerpt: ...2022 Cross‐Complaint pursuant to Code Civ. Proc. Sect. 425.16 (the anti‐SLAPP statute), is GRANTED‐IN‐PART and DENIED‐IN‐PART. Legal standard. Resolution of an anti‐SLAPP motion involves two steps. In the first step, the moving party (here, Cross‐Defendant Richard George) bears the burden of establishing that the challenged claim(s) arise from protected activity. If the [moving party] makes this required showing, the burden shifts...
2022.08.29 Demurrer 709
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.29
Excerpt: ... cause of action (declaratory relief) are identical verbatim to the second cause of action in case number 20‐ CIV‐04592 (“Pending Action”). The allegations of the second cause of action (writ of mandate) are substantively verbatim to the third cause of action in the Pending Action. The two added sentences in paragraphs 72 and 74 of the present Complaint present nothing to substantively distinguish the second cause of action from the Pendi...
2022.08.22 Motion to Compel Responses, for Monetary Sanctions 905
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.22
Excerpt: ...art and DENIED in part. A. Combined Motion Is Not Sufficient Grounds for Denial In opposition to the Motion, Defendant raises three preliminary procedural issues that it contends warrant denial of the Motion. The first is that this Motion combines remedies authorized by separate provisions of the Civil Discovery Act. Plaintiff has moved (1) for an order compelling further responses to her Form and Special Interrogatories pursuant to Code of Civil...
2022.08.22 Motion for Attorney Fees 085
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.22
Excerpt: ...under Civil Code § 1717(b)(2), there is generally no “prevailing party” when an action on a contract is voluntarily dismissed. “Where an action has been voluntarily dismissed or dismissed pursuant to a settlement of the case, there shall be no prevailing party for purposes of this section.” Civ. Code, § 1717(b)(2). The statute is based on public policy to encourage plaintiffs to discontinue nonmeritorious litigation rather than continue...
2022.08.22 Demurrer 477
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.22
Excerpt: ...st for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). Defendants Kieran Treacy, Kelly Treacy, and Treacy Group, LLC's Demurrer to the SAC's First and Second Causes of Action (alleging breach of contract and breach of the implied covenant of good faith and fair dealing), is OVERRULED. Code Civ. Proc. Sect. 430.10(e). The Court previously sustained these three Defendants' Demurrer to these two causes of action in the original Complaint (see 6...
2022.08.15 Motion for Summary Judgment 196
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.15
Excerpt: ...specific. 2. The Court exercises its discretion to not rule on Objections numbers 2, 3, and 8 because evidence relating to standard of care is not material to ruling on this motion. (Code of Civ. Proc. § 437c, subd. (q).) 3. Objections numbers 4, 5, 6, and 7, are sustained for lack of foundation. In addition, the opinions in paragraphs 4, 5, 6, and 7 lack a reasoned explanation for Dr. Light's opinions. (See Fernandez v. Alexander (2019) 31 Cal....
2022.08.15 Motion to Dissolve or Modify Motion for TRO or Preliminary Injunction 207
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.15
Excerpt: ...olution of the preliminary injunction is automatically stayed pending Defendant's appeal of the preliminary injunction pursuant to Cal. Code of Civ. Proc. § 916(a), citing Varian Med. Sys., Inc. v. Delfino (2005) 35 Cal. 4th 180, 189‐ 90. Defendant argues that the Court retains jurisdiction of the issue because the order issuing the preliminary injunction is void for lack of requiring an undertaking pursuant to Cal. Code of Civ. Proc. § 529, ...
2022.08.08 Motion to Compel Undertaking 207
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.08
Excerpt: ...on. (Kettenhofen v. Superior Court (1961) 55 Cal.2d 189, 191.) In contrast, an undertaking is required in order to stay operation of a prohibitory injunction. (Id.) “California has had the rule that an appeal automatically stays mandatory injunctions for more than 100 years.” (Agric. Lab. Bd. v. Superior Ct. (1983) 149 Cal. App. 3d 709, 716.) “A prohibitory injunction remains in full force pending such an appeal, and the court below may enf...
2022.08.08 Motion for Summary Judgment 837
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.08
Excerpt: ...tion for summary judgment. (See Nieto v. Blue Shield of California Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 74.) Plaintiff Joan K. Levin (“Plaintiff”) owned property located at 100 Palmetto Avenue in Pacifica (“property”) for nearly forty years until she sold it to Western Edge Projects, LLC (“Western”) on January 11, 2016. (Amended Complaint (“AC”) ¶ 8.) Plaintiff agreed to a seller finance or carry back loan of $1.9 mi...
2022.08.08 Demurrer 023
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.08
Excerpt: ...he time of the foreclosure.” (MPA, p.1.) Indeed, according to the declaration of Eric Houser, Defendant's counsel, “Rushmore stopped servicing the loan months before the foreclosure sale.” Houser Decl., ¶ 2. However, Rushmore is identified as the loan servicer in the Notice of Default and Election to Sell Under Deed of Trust recorded on August 19, 2021, attached to Defendant's request for judicial notice. The Notice contains a declaration,...
2022.07.11 Motion to Quash Service and Set Aside Default 367
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.07.11
Excerpt: ...ice of the Summons and Supplemental Complaint on the grounds that Plaintiff did not seek leave to file the Supplemental Complaint pursuant to CCP § 472. Alternatively, Defendant requests that the Court set aside the default entered against Defendant pursuant to the Court's equitable powers. Defendant does not provide recognized grounds for quashing service of the summons. Indeed, Defendant provides no authority suggesting that service of a summo...
2022.07.11 Demurrer 023
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.07.11
Excerpt: ...Proc. Sect. 430.10(e). The Complaint alleges Fay violated several HBOR (Homeowner's Bill of Rights) statutes, which are all deficient in some respect. The Court grants leave to amend so that Plaintiffs may attempt to remedy the defects. Civ. Code Sects. 2923.7 (single point of contact) and 2924.9 (requiring written notice to borrower explaining foreclosure prevention alternatives) do not apply to all mortgages and deeds of trust. Pursuant to Sect...
2022.06.27 Motion to Expunge Lis Pendens 837
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.27
Excerpt: ...ordered EXPUNGED. A court must expunge a lis pendens if the pleading on which the lis pendens is based does not contain a real property claim. (Code of Civ. Proc. (“C.C.P.”) § 405.31.) A party possesses a real property claim where the cause of action in a pleading would, if meritorious, affect "title to, or the right to possession of, specific real property." (Code Civ. Proc. § 405.4.) Defendant argues that the First Amended Complaint (“F...
2022.06.20 Motion to Quash Subpoenas for Business Records 896
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.20
Excerpt: ...ft, Inc.), and which seeks monetary sanctions against Dmarcian, is GRANTED‐IN‐ PART and DENIED‐IN‐PART, as set forth below. Code Civ. Proc. Sect. 1987.1. Plaintiff argues the two subpoenas are overbroad because they seek documents that are irrelevant, privileged and/or subject to privacy rights. Plaintiff does not argue undue burden. Dmarcian argues the requested documents are directly relevant to Plaintiff's asserted claims and Dmarcian'...
2022.06.20 Motion for Summary Judgment 076
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.20
Excerpt: ...ntiff's Complaint alleges causes of action for breach of contract and common counts based on: (1) an open book, (2) an account stated, (3) money had and received, (4) goods sold and delivered, (5) money lent, and (6) money paid. However, Plaintiff's MPA in support of the motion for summary judgment attempts to demonstrate that Plaintiff has established claims for breach of contract, an open book, and an account stated. (MPA, p.3‐6) Accordingly,...
2022.06.20 Motion for Judgment on the Pleadings 074
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.20
Excerpt: ...at a claim for contractual indemnity requires that a judgment in an earlier action be entered in order for indemnity to apply. Since the Complaint does not allege that a judgment in the Asian Square Action has been entered, the claim for express indemnity is premature. Plaintiffs do not dispute this. Instead, Plaintiffs argue that the “hold harmless” obligation in MSA paragraph 1.7(a) is something different from indemnity ‐‐ that “hold ...
2022.06.20 Demurrer 896
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.20
Excerpt: ...de Civ. Proc. Sect. 430.10(e). Groeneweg's Demurrer does not dispute whether the Complaint sufficiently alleges a fiduciary duty owed to Plaintiff. (See Mot. at 10) (Groeneweg stating: “although not at issue for purposes of demurrer, Plaintiff will be unable to prove that Groeneweg owed any fiduciary duty to Plaintiff. Although Plaintiff may have sufficiently pled the existence of such a [fiduciary] relationship, the true facts show that Groene...
2022.06.13 Motion for Leave to File Amended Complaint 290
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.13
Excerpt: ...aintiffs' motion does not include a copy of the proposed Fifth Amended Complaint. The supporting declaration states that redlined and clean copies of the proposed pleading are attached as Exhibits A and B, but neither of those exhibits is attached to the declaration. Further, Rule 3.1324(a) requires that the motion must state what allegations are proposed to be deleted or added. The motion fails to comply with this requirement. The moving Points ...
2022.06.13 Motion for Summary Judgment 317
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.13
Excerpt: ...paid, an open book, and an account stated. To prevail on a cause of action for breach of contract, Plaintiff must prove (1) the contract, (2) Plaintiff's performance of the contract or excuse for nonperformance, (3) Defendant's breach, and (4) resulting damage to Plaintiff. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186; CACI 303) Plaintiff has provided evidence establishing each of these elements through the declaration of Evelyn J. Sican...
2022.06.13 Motion to Amend Complaint 379
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.13
Excerpt: ...RANTED. Code Civ. Proc. Sect. 340.1(m)‐(o). On May 9, 2022, the Court heard oral argument pertaining to this motion and continued the hearing to permit the parties to submit supplemental briefing on the issues presented. Having reviewed the entirety of the record, including the supplemental briefs dated 5‐20‐22, 5‐27‐22, and 6‐1‐22, and the Certificates of Corroborative Fact lodged with the Court under seal on 3‐1‐22, the Court ...
2022.06.13 Motion to Expunge Lis Pendens 837
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.13
Excerpt: ... of Pendency of Action is ordered EXPUNGED. A court must expunge a lis pendens if the pleading on which the lis pendens is based does not contain a real property claim. (Code of Civ. Proc. (“C.C.P.”) § 405.31.) A party possesses a real property claim where the cause of action in a pleading would, if meritorious, affect "title to, or the right to possession of, specific real property." (Code Civ. Proc. § 405.4.) Defendant argues that the Fir...
2022.06.06 Motion to Dismiss Complaint 789
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.06
Excerpt: ...filed on September 6, 2018. Since that date, Plaintiff has not filed a proof of service establishing that the summons and complaint were served on Defendants. When the summons and complaint is not served within the three‐year period, CCP § 583.250 provides that the court shall dismiss the action. This requirement is mandatory and is not subject to extension, excuse or exception except as expressly provided by statute. Plaintiff bears the burde...
2022.06.06 Motion for Summary Judgment, Adjudication 502
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.06
Excerpt: ...ollows: The Motion for Summary Judgment is DENIED. The Motion addresses only the open book account and account stated claims, even though Plaintiff alleges other common count claims in the Complaint. Therefore, Plaintiff fails to meet its initial burden of establishing that it is entitled to summary judgment. However, the Motion for Summary Adjudication to the open book account claim is GRANTED. Plaintiff presents evidence to establish all the el...
2022.06.06 Motion for Summary Judgment, Adjudication 020
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.06
Excerpt: ...ary judgment shall be granted when “all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Code Civ. Proc. Sect. 437c(c). A defendant has met the burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action cannot be established, or there is a complete defense to that cause of...
2022.06.06 Motion for Judgment on the Pleadings 772
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.06
Excerpt: ...on). The first cause of action alleges that Defendant made statements to Peters, which induced Peters to not pay Plaintiff, which forced Plaintiff to sue Peters. Since the Complaint does not allege any representation made to Plaintiff, the Complaint does not allege a claim for intentional misrepresentation. However, a Complaint may survive a motion for judgment on the pleadings if it alleges any cause of action, despite the title of the claim. He...
2022.06.06 Demurrer 273
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.06
Excerpt: ...an be granted. The gravamen of Plaintiff's Complaint arises out of an alleged August 21, 2014 overcharge on Plaintiff's real estate loan from Defendant Bank of America. Complaint, ¶¶ 5‐14. Each cause of action relates to that event and is supported only by those factual allegations. Although the first cause of action alleges that the breach of contract began on a date to be determined after February 15, 2019, this conflicts with the prior all...
2022.05.23 OSC Re Contempt, Motion for Terminating Sanctions 454
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.05.23
Excerpt: ... Serramonte (“Defendant”) for Failure to Arbitrate, is DENIED. On November 21, 2019, the parties entered into a “Stipulation To Submit This Matter To Binding Arbitration” (“Stipulation”). (Liberty Decl., Exh. 1.) The Stipulation was approved by the Court on November 22, 2019 (“Order”). (Ibid.) Plaintiff brings this Motion contending that Defendant failed to participate in binding arbitration pursuant to the Stipulation and Order. ...
2022.05.23 Demurrer to SAC 457
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.05.23
Excerpt: ...tract Plaintiff alleges that Defendant “breached the contract in violation of Section 4 Subsection 2 of the Terms of Use, Section 12 Subsection 2 of the Advertising Policies, and Section 7 Subsection e of the Facebook Platform Terms by cancelling Plaintiff's account when Plaintiff had done nothing to merit such cancellation.” SAC, ¶12. Section 4 Subsection 2 of the Terms of Use provides, in relevant part: If we determine that you have clearl...
2022.05.09 Motion to Compel Release of Cell Phone Records 067
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.05.09
Excerpt: ...e motion to compel Plaintiff to sign a release authorizing production of cell phone records on October 15, 2020. Yakubova Decl., ¶3. Plaintiff argues that while the parties did attend an IDC, that was for disclosure of records for Plaintiff's phone number (650) 518‐ 4905, and did not concern the release of records associated with the phone numbers which are subject to the present motion, [650‐630‐7711; 650‐ 267‐9474; 650‐278‐0531; ...
2022.05.09 Motion to Amend Complaint 379
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.05.09
Excerpt: ...Court's task is to determine whether the Certificates (under seal) contain “one or more facts corroborative of one or more of the charging allegations against a defendant or defendants . . . .” (Code of Civ. Proc. § 340.1, subd. (m)(1).) Plaintiff's Certificate of Corroboration as to Defendant Doe 2 sets forth facts describing Plaintiff's attendance at Doe 1 recreational activities, where Plaintiff was supervised by Doe 2. The Certificate de...
2022.04.18 Motion for Leave to File Complaint 643
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.18
Excerpt: ...proposed Cross‐Complaint is compulsory because the causes of action arise out of the same transactions or occurrences as the causes of action in the Complaint. (See C.C.P. § 426.10(c); see also ZF Micro Devices, Inc. v. TAT Capital Partners, Ltd. (2016) 5 Cal.App.5th 69, 82‐84.) The allegations in the proposed Cross‐ Complaint concern Plaintiff Mehrdad Elie's (“Plaintiff”) investment for which Defendants claim Plaintiff is improperly d...
2022.04.18 Motion for Summary Judgment 081
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.18
Excerpt: ... that “the Premises is not subject to the just‐cause nor relocation assistance requirements contained in Civil Code section 1946.2 because of Landlord's compliance under Civil Code section 1946.2(e)(8).” Complaint, Ex.2, p.1. According to Defendant, however, the Notice violates the Act because “Plaintiff has never provided Defendant with written notice that the Premises is exempt from the TPA,” as required under Civil Code § 1946.2(e)(...
2022.04.18 Motion to Compel Compliance 052
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.18
Excerpt: ... the attorney's client and the third party, the disclosure must be reasonably necessary to achieve the purpose for which the attorney was retained, and the disclosure must have been with a reasonable expectation that the disclosed material remain confidential. 1. The Parties Must Have a Common Legal Interest. “Common interest” has never been defined, but cases imply that it means more than “common goal” or “common hope.” Instead, it m...
2022.04.11 Motion to Expunge Notice of Pending Action 023
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.11
Excerpt: ...dens recorded 1‐31‐22. As alleged in the Complaint and not disputed, BG purchased the property in foreclosure. Plaintiffs' Complaint does not name BG as a defendant. There is no allegation BG is related to the named defendants, or that BG engaged in any wrongdoing relating to the sale. BG is merely the buyer. BG intervened in the case for purpose of filing the present motion to expunge the lis pendens. The parties dispute BG's claimed status ...
2022.04.11 Motion for Scheduling Preference 833
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.11
Excerpt: ...eration fails to comply with section 1008 lacks merit. This is not a motion for reconsideration under Code of Civil Procedure section 1008, subdivision (a). It is a renewed motion under subdivision (b), which requires showing “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code of Civ. Proc. § 1008, subd. (b).) In a...
2022.04.11 Demurrer to FAC 238
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.11
Excerpt: ... Judicial Notice is GRANTED. (2) Demurrer to the First Cause of Action for Negligence, Second Cause of Action for Premises Liability and Fifth Cause of Action for Negligent Infliction of Emotional Distress by Jared is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant demurs that these claims fail because Jared has not and cannot allege compliance with the Government Claims Act. (See Defendant's Request for Judicial Notice, Exh. A.) Jared concedes in op...
2022.03.28 Motion to Vacate Judgment and Set Aside Default Judgment 103
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.28
Excerpt: ...er properly served. Specifically, he contends he did not live at the stated Redwood City address at the time of alleged service. Defendant also contends that at the time of alleged service, he was not living with “Mary Tuiaki,” the person identified in the Proof of Service as Defendant's “co‐tenant,” to whom copies of the Summons and Complaint were allegedly handed. Defendant states he did not receive actual notice of the Judgment until...
2022.03.28 Motion for Summary of Judgment, Adjudication 490
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.28
Excerpt: ...mon counts based on: (1) an open book, (2) an account stated, and (3) goods sold and delivered. However, Plaintiff's MPA 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) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that Plaintif...
2022.03.21 Motion for Preliminary Injunction 695
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.21
Excerpt: ... the merits at trial (Robbins v. Superior Court (1985) 38 Cal.3d 199, 206) and (2) the interim harm that the plaintiff is likely to sustain if the injunction were denied as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued. (Shoemaker v. County of Los Angeles (1995) 37 Cal.App.4th 618, 624–625.) Mandatory preliminary injunctions are “rarely granted.” The granting of a mandatory injunction ...
2022.03.21 Demurrer to FAC 905
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.21
Excerpt: ...e facts supporting the FAC with sufficient specificity to support a COA for fraud under the requisite heightened pleading standards. Plaintiff argues that the specific individuals at Defendant Tesla or Lux that had knowledge of or perpetrated the false statement about forthcoming title are presently unknown. In light of that information being unavailable to Plaintiff, the FAC should not be found lacking in sufficient particularity with respect to...
2022.03.21 Demurrer 445
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.21
Excerpt: ...vide “reasonable notice in writing of his or her intent to enter and enter only during normal business hours.” Whether Plaintiff provided adequate notice of entry, however, is not a proper ground for demurrer in this unlawful detainer action. Plaintiff does not allege that the Notice to Enter provided grounds for termination of the lease. Rather, Plaintiff's Complaint is based on Defendant's alleged violation of a 3‐Day Notice to Cure or Qu...
2022.03.14 Motion to Dismiss Action 369
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.14
Excerpt: ...n Plaintiff, Plaintiff has disobeyed the order, Plaintiff has here been given the opportunity to be heard regarding that disobedience, and Plaintiff has not offered any explanation for that disobedience. The Court entered the following order on June 9, 2021: Defendant TESSA EVANGELINE WIGTON's motion to compel plaintiff Andrea L. Ramos to supply verified objection‐free responses to Second Special Interrogatories, First Supplemental Interrogator...
2022.02.07 Motion to Strike 252
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.02.07
Excerpt: ...t by Plaintiffs Vincent Pluvinage and VPV, LLC (“Plaintiffs”) is ruled on as follows: A party may move to strike out any irrelevant, false or improper matter inserted in any pleading. (C.C.P. § 436(a).) The Motion to Strike Paragraph 22, lines 15 to 17, is DENIED. Defendants seek to strike the allegations regarding the CHALLENGES article that they claim are false. In support Defendants request judicial notice of this article. (See Defendants...
2022.02.07 Motion to Reopen Discovery 104
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.02.07
Excerpt: ...date, which had already been continued five times, was set for Jan. 11, 2022. Over Defendant's opposition, the Court thereafter granted Plaintiff's ex parte application to continue the Jan. 2022 trial date to Aug. 2022, in light of the fact Plaintiff had already filed the present motion seeking to re‐open discovery, which was set to be heard on 2‐7‐22, after the scheduled Jan. 2022 trial date. The Court's 10 ‐27‐21 Order continuing the ...

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