Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

130 Results

Clear Search Parameters x
Location: San Mateo x
Judge: Healy, Nicole S x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 242)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 708)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 25
Array
(
)
2024.05.01 Motion to Enforce Order 564
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.01
Excerpt: ...ired) conce rning, inter alia, Wu's notice of deposition of TPMG's persons most qualified to testify on specified topics and attendant requests to produce specified categories of documents at the depositions. (Sept. 7, 2023 Order Re: Discovery, at p. 1.) The Court s ustained and overruled certain objections to both the topics and requests and ordered TPMG to “immediately identify the Person(s) Most Knowledgeable immediately as to Topics Nos....
2024.05.01 Motion for Summary Judgment 289
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.01
Excerpt: ... RJN is GRA NTED pursuant to Cal. Evidence Code, section 452, subdivision (d). Plaintiffs' Objection No. 1 to paragraph 4 of the Declaration of Timothy Logue is SUSTAINED on the grounds of hearsay and lack of foundation. Plaintiffs' Objection No. 2 to paragraph 6 of the Declaration of Timothy Logue is SUSTAINED on the ground of lack of personal knowledge. Plaintiffs' Objection No. 3 to paragraph 7 of the Declaration of Timothy Logue is OVERRULED....
2024.05.01 Motion for Summary Judgment 568
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.01
Excerpt: ...promissory not e to Prieto in the amount of $260,000. Prieto — their real estate agent — had loaned cross -complainants $260,000 in connection with a real estate transaction. Cross -complainants contend that in November 2015, Prieto demanded repayment of the loan. They informed her that they were in the process of a cash- out refinance of their property and would repay the loan once that transaction closed. Prieto allegedly agreed to wait un...
2024.04.24 Petition to Compel Arbitration 763
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.24
Excerpt: ...rbitration. The Court finds defendant has met its initial burden to show there is an arbitration agreement between the parties (De la Torre Dec., filed Nov. 13, 2023, ¶ 5, Ex. A), and Plaintiff has not met his shifting burden to demonstrate ground for denial by a preponderance of the evidence. (Knight, Cal. Prac. Guide: Alt. Disp. Res. (Rutter, Dec. 2023 Update) ¶¶ 5:320, 5:321, 5:322. See Reply, filed Jan. 8, 2024, at p. 4:2- 3 [arguing �...
2024.04.24 Petition for Relief 850
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.24
Excerpt: ... of Danie l D. Geoulla (Geoulla Decl.) ¶¶ 3-4; id., exh. C.) Petitioner seeks relief from the requirement of presenting a claim for personal injury within six months of accrual of his cause of action before bringing an action against Burlingame. There is no dispute that he did not present a claim to Burlingame within six months, but Rhodes contends his failure was due to his mistake, inadvertence, surprise, or excusable neglect. A. Legal Standa...
2024.04.24 Motion to Strike 393
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.24
Excerpt: ... on uncertain ty is OVERRULED. Legal Standard on Demurrer A party may demur to a pleading on any one or more of the grounds laid out in Code of Civil Procedure, section 430.10, including that the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10.) A court must “treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law [an...
2024.04.24 Motion to Compel Arbitration 639
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.24
Excerpt: ...ontinued t he hearing to the instant hearing date: [T]o permit plaintiff to depose declarant Alberto Germano for the limited purpose of inquiring into the two screenshots at Paragraph 5 at of his two otherwise identical declarations filed on December 28, 2023 and Feb ruary 13, 2024, respectively, and explanation regarding a printing error. (See Reply, filed February 13, 2024, at p. 3:25 -28, fn. 2; Defendant's Response, filed February 21, 2024...
2024.04.24 Motion for Leave to File Amended Complaint, Answer 289
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.24
Excerpt: ... any terms as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) There is a policy of “great liberality” in allowing amendments to pleadings at any stage of the proceeding so as to dispose of cases upon their merits where the authorization does not prejudice the substantial rights of others. (Board of Trustees v. Superior Court (2007) 149 Cal.App.4th 1154, 1163.) When considering whether to permit amendments to pleadings, court should...
2024.04.10 Petition to Release Mechanic's Lien 325
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.10
Excerpt: ...shall be verifie d and allege all of the following: (a) The date of recordation of the claim of lien. A certified copy of the claim of lien shall be attached to the petition. (b) The county in which the claim of lien is recorded. (c) The book and page or series number of t he place in the official records where the claim of lien is recorded. (d) The legal description of the property subject to the claim of lien. (e) Whether an extension of cred...
2024.04.10 Motion for Summary Judgment 747
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.10
Excerpt: ...nopposed motion for summary judgment against defendant Andreas Tzortiz (“Defendant”). This Court denied plaintiff's first motion for summary judgment due to procedural deficiencies with the proof of service. As to plaintiff's second motion for summary judgment, the Court fin ds that a rebuttable presumption of proper service has been established, and therefore proceeds to consider the merits of the motion for summary judgment. In ruling on...
2024.04.10 Motion for Summary Judgment 552
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.10
Excerpt: ...Proc., § 437c.) Accordingly, defendants' alternative Motion for Summary Adjudication is DENIED AS MOOT. (Code Civ. Proc., § 437c.) Hearing location. Defendants' January 11, 2024 Notice of Motion incorrectly states that the April 10, 2024 hearing will take place in the Redwood City courthouse. The hearing will take place in Department 28 in the San Mateo courthouse, which is located at 800 North Humboldt St., San Mateo, California 94401. Defenda...
2024.04.10 Demurrer 838
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.10
Excerpt: ...20(g); Code Civ. Proc. § 472b.) Defendant City of San Mateo's Request for Judicial Notice is GRANTED as to all items for the purposes of this demurrer. The Complaint asserts a single cause of action against defendant City of San Mateo (City) for dangerous conditio n of public property. It alleges that plaintiff William Trapp was riding his bicycle along the Bay Trail in San Mateo when he “encountered orange barrier fencing that had entered his...
2024.04.03 Motion for New Trial 080
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.03
Excerpt: ...l amend the J udgment to find that Shuppe materially breached Section 2.4 and the Estate of Georgy Shuppe is ORDERED to perform the obligations set forth in Section 2.4 of the 2012 Agreement, within 30 days of notice of entry of this Order. The Court GRANTS - IN -PART th e Libermans' Motion for a New Trial, or Additur, as to the SOD's award of damages to the Libermans as to the acquisition of Darberry by Groupon, and finds that the Court should...
2024.04.03 Motion to Stay Proceedings 119
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.03
Excerpt: ... effective Janu ary 1, 2020. (See former Code. Civ. Proc., § 340.1, repealed by Stats. 2022, c. 444 (A.B. 2959), § 1, eff., Jan. 1, 2023, and then repealed by Stats. 2023, c. 655 (A.B. 452), § 1, eff., Jan. 1, 2024.) Doe 1 seeks to stay this action on the ground that this same issue is currently under review by the First District Court of Appeal in Jane Doe v. Acalanes Union High School District (A169013) (MPA, at p. 2.) Appeals frequently tak...
2024.04.03 Motion for New Trial 187
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.04.03
Excerpt: ... sued various defendants including cross-complainants Real Advantage Title Insurance Company, Orange Coast Title Company of Northern California, and Orange Coast Title Company (Orange Coast parties); Donald M. Bronstein; Donald M. Bronstein, Trustee of the Don and Chery l Bronstein Family Trust Account 125; Donald M. Bronstein, Trustee of the Nicole Bronstein Living Trust; Donald M. Bronstein, Trustee of the Kimberly Bronstein Living Trust; and I...
2024.03.27 Motion to Enforce Stipulated Decree, for Sanctions 354
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.27
Excerpt: ...4 hearing of t his Motion will take place in the Redwood City courthouse. Department 28 (Judge Healy) is, in fact, located at Courtroom I, 800 North Humboldt St., San Mateo, California 94401. Background. The following “facts” are taken from the parties' recently filing s, and are intended only to describe the general background of this case and the present Motion. Plaintiff Xin Li and defendant Oded Haner each hold a 50% interest in FC4X Rea...
2024.03.20 Motion to Tax Costs 454
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.20
Excerpt: ...tiffs in settlements with other defendants. Plaintiffs are the prevailing party and on January 23, 2024, filed a memorandum of costs, seeking a total of $68,368.87. (Code Civ. Proc., § 1032.) Defendants have filed a motion to tax costs. In their opposition, plaintiffs agreed that certain of their requested costs are not supported and reduced the total requested to $53,066.35. Defendants have argued that $838.48 for “Court -ordered transcript...
2024.03.20 Motion to Seal Summary Judgment 289
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.20
Excerpt: ...alifornia Rules of C ourt, rule 2.550. Accordingly, the motion to seal is DENIED WITHOUT PREJUDICE. Specifically, defendant has moved to seal the following documents: • Memorandum of Points and Authorities in Support of Defendant Timothy Logue's Motion for Summary Judgmen t; • Separate Statement of Undisputed Material Facts in Support of Defendant Timothy Logue's Motion for Summary Judgment; • Declaration of Timothy Logue; • Declaration ...
2024.03.20 Motion for Pending Orders, for Summary Judgment 831
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.20
Excerpt: ...rt state d that plaintiff had waived a jury trial by failing to pay the fees, but set a jury trial based on defendants' payment. (Note, however, that the parties represented at paragraph 12 in their joint case management and trial setting conference statement, fil ed on April 7, 2023, that “[a]ll parties have demanded a jury trial on all issues.”) Plaintiff's counsel admits that he did not understand that jury trial fees are due at the time ...
2024.03.13 Motion to Strike Punitive Damages 307
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.13
Excerpt: ..., or oppre ssion” required under Civil Code, section 3294 to support an award of punitive damages. In order to survive a motion to strike an allegation of punitive damages, the plaintiff must plead the ultimate facts showing an entitlement to such relief. (Clauson v. Superior Court (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stat...
2024.03.13 Motion to Strike 489
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.13
Excerpt: ... The Notice of Motion incorrectly states that the hearing on this Motion will take place in the Redwood City courthouse. The Court notes that Department 28 (Judge Healy) is located at Courtroom I, 800 North Humboldt St., San Mateo, California 94401. Meet and co nfer. The December 21, 2023 Declaration of Azim Khanmohamed does not comply with Code of Civil Procedure, section 435.5, which requires that the declaration supporting a motion to strike s...
2024.03.13 Motion for New Trial 399
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.13
Excerpt: ...y wages on termination; to provide rest periods or compensation; and to provide accurate, itemized wage statements. (First Amended Complaint, filed April 13, 2018.) The case was tried in two phases. On December 6, 2023, the Honorable Marie S. Weiner (retired) issued a final statement of decision and judgment after court trial in favor of plaintiffs, awarding penalties totaling $274,900 against defendants Lisa Meteyer and Sunnyvale Massage, join...
2024.03.06 Petition to Confirm Arbitration Award, for Attorney Fees 099
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.06
Excerpt: ...lobal Enterp rises, Inc., et al. v. Tim Onderko, Case No. 22 -CIV -02099, and then re -filed on January 9, 2024 in Tim Onderko v. Donald Wilson, Case No. 22 -CIV -02332, is GRANTED -in -part and DENIED -in -part. Onderko's Petition to Confirm Arbitration Award is GRANTED. Ond erko's request for an award of interest on the Arbitration Award is GRANTED in the amount of $83,243.95. Onderko's request for an award of attorney's fees and costs is pri...
2024.03.06 Motion for New Trial 454
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.06
Excerpt: ...mily home fo r $9 million. Escrow closed on the house on November 7, 2013. (Final Statement of Decision, filed Jan. 9, 2024, at p. 3.) After moving in, the plaintiffs discovered numerous flaws in the home's construction. (See id., at pp. 6 -7, 10 -25.) On January 9, 2024, the Honorable Marie S. Weiner (retired) issued a final statement of decision and judgment after court trial in favor of plaintiffs, awarding them $1.2 million in damages, for...
2024.03.06 Demurrer 251
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.03.06
Excerpt: ...rvice of written notice of entry of this order, unless the parties stipulate otherwise. (Cal. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 472b.) Defendants Janet Wyler Griggs, Thomas S. Griggs, and Ash 1031 LLC's Demurrer to the First Amended Complaint and Motion to Strike portions of the First Amended Complaint are MOOT in light of the Court's ruling. The Court GRANTS LEAVE TO AMEND to plaintiffs Bruce K. Pederson, individually and as co...

130 Results

Per page

Pages