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2024.05.17 Petition for Writ of Mandate 156
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.17
Excerpt: ...��nding that Petitioner was driving with a BAC of 0.08% or higher. Although not contested, for completeness, the Court notes that it also finds the evidence supports reasonable suspicion for the stop and probable cause for the arrest and requiring Petitioner to submit to a BAC test. Second, DSO Medina's decision to suspend Petitioner's CDL was supported by her findings. Third, DSO Medina acted lawfully as a neutral factfinder and not as an adv...
2024.05.17 Motion for Leave to File FAC 304
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.17
Excerpt: ...osing party. (Hi ggins v. Del Faro (1981) 123 Cal.App.3d 558, 564- 565.) Accordingly, the Motion is only granted with respect to adding parties. The remainder of the Motion is denied for failing to comply with CRC Rule 3.1324. Defendants Cory L. Cooper and Dwell Realtors, Inc.'s (“Defendants”) position regarding the Motion being untimely is obviously well taken. Nevertheless, Defendants have been able to file a substantive response and have ...
2024.05.17 Motion to Strike 419
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.17
Excerpt: ...) Pursuant To CCP §425.16 (Motion or anti -SLAPP Motion) is GRANTED. Defendant Stiles filed a first anti -SLAPP motion regarding the original Cross -Complaint's claim for abuse of process. Cross -Complainant then filed the FACC, which includes as its Ninth Cause of Action a re vised claim for Abuse of Process. This Court granted the anti -SLAPP motion as to the original Cross -Complaint. However, because Cross -Complainant's opposition to tha...
2024.05.17 Motion for Summary Judgment 311
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.17
Excerpt: .... Defendants' o bjection to Plaintiff's Exh. 4 is SUSTAINED in part, in that the text messages contained in the exhibit that discuss offers to pay may not be used to prove liability for breach of contract, though they are admissible to show that the promissory note has no t been paid. Plaintiff objects to the Declaration of Bogdan Ryczkowski as unsupported by proper foundation and substantially hearsay. The foundation and hearsay objections are O...
2024.05.10 Motion to Serve Objections to Requests for Production of Docs 536
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...the imprope r address for the hearing. Department 24 is not located in San Mateo, but instead at the Hall of Justice, Courtroom 2F, 400 County Center, Redwood City, CA 94063. (See CRC Rule 3.1110 [the Notice “must specify” the location of the hearing].) This is like ly moot in light of the fact almost all counsel appear via Zoom, but the Court notes it here just in case and for counsel's future reference. The Court now addresses the merits. T...
2024.05.10 Motion to Compel Production of Docs for Inspection 397
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...ious causes of action related to alleged abuse by former Deputy Probation Officer John Domeniconi. In this particular case, John JV Doe's allegations arise out of conduct that occurred between 2000 and 2003. (Second Amended Complaint (SAC) ¶33, 41.) By this Motion, Plaintiff seeks records from the San Mateo County Probation Department related to former Chief Probation Officer Stuart Forrest. Forrest was employed by the Probation Department from ...
2024.05.10 Motion to Compel Further Responses 268
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...ollision Inc. shall provide further responses to Plaintiff Joel Gomes' requests for production, set one, Nos. 38 and 46 no later than fifteen (15) days after service of written notice of this motion. Defendant AW Collision of SSF, Inc. shall provide further responses to Plai ntiff Joel Gomes' requests for production, set two, Nos. 39 and 45 no later than fifteen (15) days after service of written notice of this motion. Defendants Bobby Ali and ...
2024.05.10 Demurrer to SAC 518
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...uses of action on the grounds that these claims should be brought derivatively by Plaintiff and she has no standing to bring them as direct claims. Defendant demurs to the third cause of action on the grounds that this claim fails to state facts sufficient to constitute a cause of action. CCP § 430.10(e). Plaintiff's single page, cursory Opposition is without merit A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal suff...
2024.05.10 Demurrer 368
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...ia influencer with an Instagram account through which she manages personal and business matters. In June 2022, Plaintiff realized her Instagram account Anickamcfall was hacked and then deleted. The hacker absconded with $16,000.00 that was held in the monetized accou nt linked to “the social media platform” and further held the accounts hostage to extort Plaintiff into paying money to restore them. The hacker did so by impersonating Instagra...
2024.05.03 Demurrer to TAC 852
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.03
Excerpt: ...ted two additio nal supplemental briefs and this tentative addresses those additional arguments and evaluates several authorities not cited in the last tentative and expands upon some authorities cited before. The Court very much appreciates the parties' additional work. The Court GRANTS the parties' requests for judicial notice. Evid. C. §§451 - 453. This action concerns the founding of two aerospace companies: “Original Firefly,” in whic...
2024.04.26 Motion to Reduce Jury Award by Prior Settlement Amounts 881
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.26
Excerpt: ...t culminated with j ury verdicts on February 29, 2024, awarding damages to Plaintiff as follows: • Late charges and interest • Tenant expenses • Lost rent from 11/2018 to 6/2022 • Repair and remediation expenses $5,0621 $91,284 $8,425 $9,875 Prior to trial, Plaintiff s ettled with co-defendants the Polettis, for $400,000, and Alexander Malaspina, for $187,500, for a total of $587,500. Plaintiff's First Amended Complaint (FAC) alleged a nu...
2024.04.26 Motion for Summary Judgment, Adjudication 304
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.26
Excerpt: ...: BACKGROUND Plaintiff brings this action against her former real estate agent Cooper, arising from the sale of her former residence at 236 24th Avenue in San Mateo (“property”). At the time Plaintiff lived at the property for over 50 years and was 87 years old. Plaintiff retained Cooper, who worked for Dwell at the time, to assist her with selling the property. Plaintiff claims that Cooper pressured her not to list the property on the multip...
2024.04.26 Demurrer to FAC 022
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.26
Excerpt: ...plaint (“FAC”) by Pla intiffs 400 Concar Drive Tenant LLC (“Tenant”) and WeWork Companies U.S. LLC (“WeWork”) (also collectively “Plaintiffs”) is ruled on as follows: (1) Demurrer to the First Cause of Action for Breach of Contract and Second Cause of Action is OVERRULED on the ground that WeWork lacks standing to bring this action. “Every action must be prosecuted in the name of the real party in interest, except as otherwise p...
2024.04.19 Demurrer to Verified Complaint for Forcible Detainer 454
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.19
Excerpt: ...ossession of the Property without permission of Plaintiff. Defendant's Demurrer is SUSTAINED with leave to amend. A. Legal standard on demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. New Livable California v. Association of Bay Area Governments (2020) 59 Cal.App.5th 709, 714 –715. The demurr...
2024.04.19 Motion to Dismiss Cross-Complaints for Lack of Prosecution 641
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.19
Excerpt: ...ortation Holdings, L LC's and Akira Takei's Unopposed Motion to Dismiss for Lack of Prosecution, joined by Cross -Defendants Philip White and Brandon Lawrence, dba Sportscars Italiano, is GRANTED. Code of Civil Procedure § 583.360 provides than an action shall be brought to tr ial within five years after it was commenced. The five- year period begins to run on the date the action is filed against the defendant. Davalos v. County of Los Angele...
2024.04.19 Motion to Strike 597
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.19
Excerpt: ... - 437.) Defendants' No tice of Motion incorrectly states that the hearing on this Motion will take place in Department 21. This matter will be heard in Department 24, located of 400 County Center, Redwood City, Ca. Defendants' Request for Judicial Notice (RJN) is GRANTED as foll ows: As to the document(s) filed in prior court proceedings, and as to the documents recorded with a County Recorder's office, the RJN is GRANTED. (Evid. C. § 452(...
2024.04.19 Demurrer, Motion to Strike Punitive Damages 762
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.19
Excerpt: ...alleged in th e operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. (New Livable California v. Association of Bay Area Governments (2020) 59 Cal.App.5th 709, 714 –715.) The demurrer may be made to the entire complai nt or to any of the cause of action therein. (CCP § 430.50(a).) To properly state a cause of action, a complaint must allege every element of that cause of action. (Shaeffer v...
2024.04.12 Motion to Set Aside Default, Judgment 147
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.12
Excerpt: ... Song and Kooyeon Son g (collectively, “the Songs”). On January 18, 2023, the Songs crosscomplained against Streamlined and added Cross -defendant Paul Hugh Johnson, “the principal and officer” of Streamlined, in his personal capacity. (Jan. 31, 2024 Declaration of Paul Johnson (“Johnson Decl.”), ¶ 2; see id., at ¶¶ 4– 5 [referring to Streamlined as “my corporation”].) The Songs attempted to serve process on Johnson via Strea...
2024.04.12 Motion to Dismiss 365
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.12
Excerpt: ...in April 2019, ab out five years ago. In February 2020, Defendant served Plaintiff with Form Interrogatories, Special Interrogatories, and Requests for Production of Documents, which broadly asked Plaintiff to explain the claims that Plaintiff was asserting against Defendan t, and the basis therefore. Plaintiff did not … and has never … serve(d) responses to the discovery requests. In May 2020 and again in Jan. 2021, Defendant's counsel sent...
2024.04.12 Demurrers 827
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.12
Excerpt: ... of Action for Medical Malpr actice is SUSTAINED with leave to amend based on failure to allege facts sufficient to support this cause of action. The elements of a cause of action for medical malpractice are: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and t...
2024.04.12 Demurrer 776
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.12
Excerpt: ...r. (CCP § 430.41.) Cross -D efendant also failed to file a declaration regarding its meet and confer obligations. (CCP § 430.41(a)(3).) Since insufficient meet and confer efforts are not grounds to overrule or sustain a demurrer (CCP § 430.41(a)(4)), and Cross - Defendant's special dem urrer is without merit, the Court will reach those merits and OVERRULE the demurrer on those ground separate and apart from the failure to meet and confer. Col...
2024.04.05 Motion for Leave to File FAC 494
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.04.05
Excerpt: ... liberal allow ance of amendments should prevail. Nestle v. Santa Monica (1971) 6 Cal.2d 920, 939. California courts have held that for an original complaint, whether or not the plaintiff has requested leave to amend, denial of leave to amend constitutes an abuse of disc retion unless the complaint is clearly incapable of amendment. Tarrar Enterprises, Inc. v. Associated Indemnity Corp. (2022) 83 Cal.App.5th 685, 688 (quoting King v. Mortimer (19...
2024.03.29 Motion to Dismiss 630
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.29
Excerpt: ...nants Christopher Campanile's and David Espie's Request for Judicial Notice is GRANTED as to all items. Amiseq moves here to dismiss Cross - complainants' operative cross -complaint for a failure to serve process within three years. A summons and complaint must be served within thr ee years after the action is commenced, and the proof thereof must be filed within sixty days thereafter. (CCP §583.210.) When service has not been made within this ...
2024.03.29 Motion to Compel Further Responses, for Monetary Sanctions 536
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.29
Excerpt: ...the Court notes that although both Plaintiffs bring the present Motion to Compel (see 1 -12- 24 Notice of Motion [Plaintiffs Leonidas and Nestor Quezada will move this Court … for an Order compelling Defendant Jing Yuan to provide further response …]), Plaintiff Nestor Quezada did not serve the subject Special Interrogatories, and therefore has no standing to bring this Motion. This is noteworthy given Plaintiffs' repeated argument, both duri...
2024.03.29 Motion for Summary Judgment 798
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.29
Excerpt: ...olo now moves for s ummary judgment (the “Motion”) pursuant to CCP § 437c as to the only cause of action in the Complaint on grounds that Lawrence is an independent contractor rather than Wonolo's employee, and thus Wonolo cannot be held vicariously liable for her torts. Plaintiff does not oppose the Motion. Only co - defendant Good Eggs opposes the Motion. For the reasons set forth below, the motion is GRANTED. Defendant's request for judic...
2024.03.22 Demurrer to SAC 906
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.22
Excerpt: ...tional distress (“IIED”). Vinogradova demurs here to the second cause of action for IIED on the grounds of uncertainty and a failure to state facts sufficient to state a cause of action. (CCP §430.10(e) –(f).) A. Legal Standard on Demurrer The purpose of a demurrer is to t est the legal sufficiency of the facts alleged in the operative complaint to see whether they state a cause of action under any legal theory, as a matter of law. (New Li...
2024.03.22 Motion to Strike 419
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.22
Excerpt: ...oss- Defendant”). The original Cross-Com plaint was served on Cross - Defendants on August 14, 2023. On October 12, 2023, Cross -Defendant Stiles timely filed his special motion to strike (“anti -SLAPP motion”) pursuant to CCP §425.16, directed at the tenth cause of action for abuse of process allege d against him in the original Cross -Complaint. After the Court sustained in part and overruled in part Cross -Defendants' separate demurrer...
2024.03.22 Motion to Compel Further Responses 494
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.22
Excerpt: ...r Responses to Special Interrogatories, Set One, is GRANTED IN PART. Plaintiff seeks to compel further responses from Defendant Ampex Engineering and Construction, Inc. (“Defendant”) to Special Interrogatories nos. 1 through 12, contending that Defendant's supplemental responses are insufficient. Specifically, Plaintiff argues that none of Defendant's objections have merit and the substantive portion of Defendant's supplemental responses are...
2024.03.15 Motion for Entry of Default 630
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.15
Excerpt: ...- defendants Nite sh Hissaria and Digitize Solutions Private Limited (DSPL) is DENIED. Cross - complainants move here to enter the defaults of Cross -defendants Hissaria and DSPL on the Amended Cross -Complaint. Hissaria and DSPL are purportedly located in the Republic of India . Service of process on a person outside the United States may be made (1) as provided in part 2, title 5, chapter 4 of the Code of Civil Procedure, or (2) “if the court...
2024.03.15 Demurrer 784
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.15
Excerpt: ...) The Court continued this Demur rer for Defendants to establish compliance with the meet and confer requirement under Code of Civil Procedure section 430.41, and to file a supplemental declaration establishing compliance with this requirement. Defendants' counsel previously filed a decla ration stating that the parties met and conferred by telephone on September 8, 2023, and also attached a meet and confer email to Plaintiff to confirm the co...
2024.03.15 Motion to Set Aside Default, Judgment 438
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.15
Excerpt: ... and to set aside the default and default judgment, if applicable, under CCP §473. Defendant's Motion is GRANTED. Where a motion for relief is not accompanied by an attorney affidavit of fault but is timely made, the court may grant discretionary relief from default taken against a party due to that party's mistake, inadvertence, surprise, or excusable neglect. (CCP §473(b).) The law favors judgment based on the merits, not based on procedural ...
2024.03.08 Motion for Summary Judgment 544
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.08
Excerpt: ...mary judgme nt, the cross -defendant has met its burden of showing that a cause of action has no merit if the cross - defendant has shown that one or more elements of the cause of action cannot be established, or that there is a complete defense to the cause of action. ( CCP §437c(p)(2).) Once the cross-defendant meets that burden, the burden shifts to the cross- complainant to show that a triable issue of one or more material facts exists as to...
2024.03.08 Motion for Judicial Reference 630
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.08
Excerpt: ... Cros s-Complainant David Espie.” (Notice of Motion for Judicial Reference at 2; the “Motion”.) In its Reply, B of A clarifies that it seeks general consensual reference of all its claims against the CPQ Defendants (CPQ LLC, Campanile, and Espie; referred to col lectively herein as CPQ), while the other cross- claims against non-CPQ Defendants will remain with the Court. The Motion is GRANTED and the original Complaint and all causes of ac...
2024.03.08 Demurrer to TAC 852
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.08
Excerpt: ...re early inve stors and shareholders, and “New Firefly,” a company which Plaintiffs allege was created by Defendants from the looted remains of Original Firefly. New Firefly's creation followed a scheme allegedly hatched by Defendants to defraud Plaintiffs and prevent them from protecting the value of their investments. The instant case (“the California action”) was stayed pending the disposition of a concurrent action which Defendants...
2024.03.08 Demurrer to FAC, Motion to Strike 871
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.08
Excerpt: ...se (Annie Sammut, Cody Sammu t, and Artichoke Joe's) filed demurrers to Plaintiff's FAC. In an Order dated 1.31.24, the Court ruled on Cody Sammut's and Artichoke Joe's demurrer. Having reviewed the briefing here, the Court finds that the issues and arguments raised are substantially the same as those raised in the prior demurrers. The Court finds no basis to diverge from its previous ruling, as further explained below. Defendant's 10 -5 -23 ...
2024.03.08 Demurrer to FAC 051
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.08
Excerpt: ... Golden Door Properties, LLC v. Superior Court (2020) 53 Cal.App.5th 733, 774.) Plaintiffs shall file and serve a Second Amended Complaint no later than March 18, 2024. As a preliminary matter, the Court notes that Defendants provided the improper addres s for the hearing. Department 24 is located at the Hall of Justice and Records, Courtroom 2F, 400 County Center, Redwood City, California 94063. (See Cal. Rules of Court, rule 3.1110 [notice “...
2024.03.01 Motion to Confirm Prevailing Party, for Expert Witness Costs, to Strike and Tax Costs 801
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.01
Excerpt: ...TENTATIVE RULING: Plaintiff's Motion for an Award of Expert Witness Costs is DENIED. Plaintiff is the prevailing party. However, for the reasons stated in granting in part Defendant's Motion to Tax Costs, which is also on this Law & Motion calendar, the P laintiff did not obtain a more favorable result than its CCP §998 offer and is therefore not entitled to these costs. Plaintiff's CCP §998 offer was $160,000. The jury's verdict was $147,119.3...
2024.03.01 Motion for Terminating Sanctions 041
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.03.01
Excerpt: ...o Coi t's form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. The Court also ordered that Plaintiff pay $645.00 in sanctions within 30 days of notice of the Order. Plaintiff failed to comply. In a te ntative order issued on March 24, 2023, the Court denied Coit's unopposed first motion for terminating sanctions. In a tentative order issued October 17, 2023, the Court denied without p...
2024.02.23 Demurrer 949
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.23
Excerpt: ...te of Li mitations Where a complaint shows on its face that the cause of action is barred by the applicable statute of limitations, it is subject to demurrer. Sirott v. Latts (1992) 6 Cal.App.4th 923, 928. Here, the FAC alleges that Plaintiffs purchased the Subje ct Property from the Defendants on July 15, 2019. FAC ¶11. It further alleges that Plaintiffs discovered the storm drain by chance in June 2022 when they were doing landscaping on the S...
2024.02.23 Motion for Summary Adjudication 544
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.23
Excerpt: ... Relief is DENIED. The Court's tentative ruling from December 28, 2023, as modified, is restated here. The controversy involves the Opperman's October 15, 2021 application to build an Accessory Dwelling Unit ADU on their property, which cross defendants denied. The project is referred to interchangeably in the Cross- Complaint as the “ADU” and the Opperman Application.” (Cross- Complaint ¶¶7 and 19.) The Opperman's Fifth Cause of Action ...
2024.02.23 Demurrer, Motion to Strike 419
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.23
Excerpt: ...s of action a gainst Stiles and second Cross -Defendant Johnson (“Johnson”). In short, the Cross- Complaint alleges that Homa held title to the Ferrari at all times, including when it was sold for $200,000.00, but was forced by the Cross -Defendants to pay $175,000 and var ious other sums of money because CrossDefendants were upset that the car had been sold. According to the Cross -Complaint, Johnson told Homa that she should pay the money t...
2024.02.23 Motion for Sanctions 148
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.23
Excerpt: ...a nd DENIED IN PART. Defendants David M. Bragg and Silicon Valley Real Ventures, LLC shall pay $10,000 to Plaintiffs' counsel no later than March 8, 2024. Plaintiffs move here for terminating sanctions, monetary sanctions, and a finding of contempt with re spect to Defendants David M. Bragg and Silicon Valley Real Ventures, LLC (“SVRV”). They contend that sanctions and contempt are warranted by Bragg's and SVRV's refusal to comply with the C...
2024.02.16 Motion to Set Aside Default Judgment 199
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.16
Excerpt: ...pe r annum of $28,554.79, and costs of $1,383.85 for a total award of $54,938.64. (Aug. 11, 2023 Default Judgment.) Schreiner moves here to set aside and vacate that judgment or to strike the prejudgment interest portion of it. Defendant contends that the aw ard of interest was improper under subdivision (a) of Civil Code §3287, which entitles a prevailing party to prejudgment interest on damages that are certain. (C.C. §3287(a).) However, as P...
2024.02.16 Motion to Compel Responses, for Terminating Sanctions 388
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.16
Excerpt: ...ndant' s Request for Production of Documents (“RFPs”), Set One (the “Motions”). These are the fourth and fifth discovery motions brought by Defendant and Plaintiff has already been sanctioned $18,005.40, none of which has been paid. Defendant's Motions and requ est for terminating sanctions are GRANTED and the matter is ordered DISMISSED with prejudice. The proof of service (“POS”) for the Motions indicates they were sent to Plaintif...
2024.02.16 Motion for Summary Judgment, Adjudication 395
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.16
Excerpt: ...wers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” Under Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, the party moving for summary judgment has the burden of production to make a prima facie showing that there is no triable issue of any material fact. The burden then shifts to the nonmoving party to make a prima facie showing that there is a triable issue of material fact. Here, t...
2024.02.16 Demurrer to FAC 949
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.16
Excerpt: ..., inter a lia, the following causes of action (“COAs”) against Grove: private nuisance under Civil Code § 3479, trespass under Civil Code § 3334, negligence, injunctive relief, and violation of Bus. & Prof. Code § 7000. Defendant's demurrer is SUSTAINED -IN -PART wit hout leave to amend OVERRULED -IN -PA R T. A demurrer tests the legal sufficiency of the pleadings, raising issues of law but not fact regarding the form or content of the opp...
2024.02.16 Demurrer to FAC 181
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.16
Excerpt: ...are reason ably subject to dispute by CCSF and irrelevant. (Evid. C. §452(h); AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App.4th 1310, 1313 fn. 2 [“a court must decline to take judicial notice of material that is not relevant”] (internal citation omitted).) Accordingly, the Court has not considered Plaintiffs' extrinsic evidence. (See Ion Equipment Corporation v. Nelson (1980) 110 Cal.App.3d 868.) This case is brought by Plaintiff...
2024.02.16 Demurrer 597
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.16
Excerpt: ... 430.10 CALIF. RULE OF CT., RULE 3.1320] TENTATIVE RULING: Defendants Wayne Podesta's, Gary Podesta, Jr.'s; and Podesta Family Investments II, LLC's (collectively, “Defendants”) 11 -7 -23 Demurrer to Plaintiffs' 9 -21 -23 First Amended Complaint (FAC) is SU STA INED-IN -PART without leave to amend and OVERRULED -INPART. Defendants' 11 -7 -23 Request for Judicial Notice (RJN) is GRANTED as follows: As to the document(s) filed in prior court p...
2024.02.09 Motion to Vacate Judgment 990
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.09
Excerpt: ...Agreements serving as the basis of the judgment are void and unenforceable” on those bases. (Motion at p. 8 (emphasis added); see also Reply at p. 1, fn. 1.) Nevertheless, the only issue before the Court is whether the Judgment entered by the Honorable Robert Foiles on March 19, 2021, is void on its face. Noting this limitation on the Court's authority is important because the Motion asks the Court to go beyond simply voiding the Judgment and t...
2024.02.09 Motion to Strike TAC, to Dismiss TAC 794
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.02.09
Excerpt: ...P §§435, 436, 581(f)(2).) Defendants' Request for Judicial Notice (RJN) is GRANTED. (Evid. Code Sect. 452(d).) Defendants' unopposed Motion to Strike Plainti¯s' TAC is GRANTED. (CCP §§435 & 436; Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 613.) As set forth in Defendants' moving papers, the Court's 8-31-23 Order sustaining Defendants' demurrer to Plainti¯s' Second Amended Complaint (SAC) set a deadline for Plai...

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