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2574 Results

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2024.06.17 Demurrer 025
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.17
Excerpt: ...ion of the contracts, but plaintiffs' interpretation must be accepted as correct on a general demurrer. (Aragon -Haas v. Family Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239.) No precise amount of harm nee d be pled. (CACI 303(5).) And a "general demurrer does not lie to a portion of a cause of action and, if any part of a cause of action is properly pleaded, the demurrer will be overruled. (Elder v. Pacific Bell Telephone Co. (2012...
2024.06.17 Motion for Determination of Good Faith Settlement 878
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.17
Excerpt: ...ee Omara's application for determination of good faith settlement is denied without prejudice - and the motion opposing the application is granted. Omara drove a vehicle that collided with a San Francisco police vehicle, allegedly after she ran a red light at 2:20 a.m. Plaintiff was Omara's passenger. As Omara recites, factors in determining whether a settlement is in good faith include: "(1) a rough approximation of the plaintiff'...
2024.06.14 Special Motion to Strike 326
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.14
Excerpt: ...set forth in Civil Code §47(c)(1). Defendant seeks to strike ¶¶ 38 – 43 and 61 – 68 of Plaintiff Steven Heindel's First Amended Complaint (FAC). The Court does not deny the Motion on the merits. Rather, the Court finds that both parties miss the mark and overlook the thre shold issue, so the Motion is denied based on the procedural ground of failing to address a necessary issue. Both parties go straight to arguing the common interest privi...
2024.06.14 Motion to Set Aside Abstract of Judgment 171
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.14
Excerpt: ...5.23; 2. Motion to Enforce Settlement Agreement filed 5.5.23; and 3. Motion to Set Aside Abstract of Judgment filed 10.25.23. The motions appear to have all been continued following Defendant's filing of a Notice of Appeal on 11.6.23. That Appeal was denied and the Remittitur filed in this Court on 2.7.24. Accordingly, the motions are now back before this Court for ruling. Plaintiff Lauren Boardman filed Oppositions to all three motions and Defen...
2024.06.14 Motion for Attorney Fees 420
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.14
Excerpt: ... herein, i.e . defendant's frivolous opposition to PAPMWC's Motion for Protective Order, “the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion f or a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction u...
2024.06.13 Motion to Vacate Entry of Default and Set Aside Default Judgment 597
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.06.13
Excerpt: ...) on Plaintiff Joseph Dem m a 's (“Demma”) land located at 600 Alpine Road or 600 Log Cabin Ranch Road at La Honda, also known as the junction of Mindego and Alpine Creeks (“Subject Premises”). The Vasquezes' Motion to Vacate Default Judgment is GRANTED. As a preliminary matter, the motion to vacate is not accompanied with a proof of service. Nevertheless, there is opposition to this motion, so it appears that Demma has actually received ...
2024.06.13 Motion for Summary Judgment 499
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.06.13
Excerpt: ...ons to Evidence are ruled upon as follows: • Obj. No. 1. Immaterial to the disposition of the motion. (Code Civ. Proc. Sect. 437c.) The Court notes that the statement is not hearsay, because it is not offered for the truth of the matter asserted. • Obj. No. 2. Immaterial to the disposition of the motion. (Code Civ. Proc. Sect. 437c.) The Court notes that Jim, Sr. himself testified that Susan Little asked Jim, Sr. to talk to Jimmy. For the re...
2024.06.13 Demurrer, Motion to Strike FAC 571
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.06.13
Excerpt: ...e of Defendant C harlebois set forth in the Demurrer and Motion to Strike is DENIED in its entirety. Meet and Confer Requirement Fulfilled Defendant has substantially fulfilled his obligations to meet and confer under Code of Civil Procedure sections 430.41(a) and 435.5. See Declaration[] of David Sarfati (the “Sarafati Declaration”), ¶¶ 3 -6. The Complaint Sufficiently Alleges a Cause of Action under Civil Code Section 1701. The Complain...
2024.06.12 Motion to Compel Further Responses, for Sanctions 682
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.12
Excerpt: ...o. 200.3 Plaint iff's response implies that she contends written, oral, and implied agreements governed the employment relationship. Plaintiff's response to subpart (a) must affirmatively state all facts upon which she bases the contention that the employment relationship was governed by written, oral, and implied agreements. Plaintiff's response to subpart (b) must identify persons with knowledge of the facts stated in subpart (a). Plaintiff's r...
2024.06.12 Motion for Sanctions 850
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.12
Excerpt: ...4401. (See C al. Rules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Respondents' Motion for Sanctions, Attorney[‘]s Fees and Costs Pursuant to Code of Civil Procedure, section 128.7 is GRANTED. Respondents' Request for Judicial Notice is GRANTED. By presenting a paper to the Court, an attorney certifies that: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause un...
2024.06.12 Motion for Preliminary Injunction 937
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.12
Excerpt: ... OF UNDERTAKING TO BE REQUIRED. A. Background In 2016, Lincoln Christensen (Christensen) founded plaintiff Onelink LLC, fka Link Source It, LLC (plaintiff), an information technology solutions company that resells computer software and hardware to organizations in th e United States. Christensen is the sole owner of plaintiff, and claims he has grown the business to approximately 1,500 customers. In April 2019, plaintiff and defendant Stone, who ...
2024.06.12 Demurrer to SAC 718
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.12
Excerpt: ...enant of good faith and fair dealing causes of action. (Code Civ. Proc., § 431.10, subd. (e).) 1. The meet and confer declaration is defective The April 19, 2024 declaration of defendant's attorney Martin Glickfeld does not comply with the requirements of Code of C ivil Procedure, section 430.41. The declaration states that Mr. Glickfeld “reached out” to plaintiff's counsel regarding the planned demurrer to the SAC. Similarly, the May 31, 20...
2024.06.11 Motion for Preliminary Approval of Class and PAGA Action Settlement 392
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ... via Zoom o r in-person. The court is inclined to grant plaintiff's motion for preliminary approval of class and PAGA Action settlement provided the parties sufficient address the court's concerns. At the hearing, the court and the parties will discuss the most effic ient way for the parties to provide this information to the court. In ruling on class action and PAGA (Private Attorneys General Act) settlements, this court has a duty to independen...
2024.06.11 Demurrer 478
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...rtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the Notice “must specify” the location of the hearing].) Note regarding service: The proof of service shows service on plaintiff's counsel. However, since the motion was uno pposed, the research attorney telephoned plaintiff's counsel and plaintiff's counsel stated it did not receive the moving papers. Plaintiff, through the research attorney, now ha...
2024.06.11 Motion for Leave to File FAC 683
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...y be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect . . . . Section 473 subdivision (a)(1) further provides that “The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars.” The p...
2024.06.11 Special Motion to Strike 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...nt requested more time to obtain counsel and Plaintiff/Cross -defendant Portfolio Recovery Associates, LLC (“Plaintiff” or “Cross -defendant”) agreed to continue the hearing until January 31, 2023. On January 30, 2023, a Notice of Stay of Proceedings was filed because Defendant m oved the case to federal court. After issuing a tentative ruling granting this Motion, the Court dropped this Motion at the January 31, 2023 in light of the rem...
2024.06.11 Motion for Summary Judgment 452
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...g her head on low scaffolding that had been erected as part of the construction. Plaintiff's Complaint alleges causes of action for (1) negligence and (2) premises liability against all Defendants, including Defendants BrandSafway Services, LLC (erroneously sued as B randSafway Services, Inc.) and Safway Group Holding LLC (collectively, “Defendants” or “BrandSafway”). BrandSafway now moves for summary judgment pursuant to Code of Civil Pr...
2024.06.11 Motion to Tax Costs 584
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...e of Civil P rocedure section 1033.5, subdivision (a). Items that “are not allowable as costs, except when expressly authorized by law” are listed in subdivision (b) of that section. Items that are not listed as allowable or not allowable “may not be allowed or denied in the court's discretion.” (Code Civ. Proc., § 1033.5, subd. (c)(4).) All costs awarded must be “reasonable in amount” and “reasonably necessary to the conduct of th...
2024.06.11 Motion to Vacate or Modify Sanctions 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...st that the court sanction defense counsel Mr. David A. Hirshik, and defendant Brayan Florian Perez's two requests for judicial notice in this matter. Plaintiff's motion to vacate is DENIED WITH PREJUDICE, plaintiff's request for sanctions against defense counsel is DENIED, and defendant's requests for judicial notice are GRANTED. Commencing in 2019, the underlying action turns on plaintiff's allegations surrounding a 2018 motor vehicle accident ...
2024.06.10 Motion to Compel Further Responses, for Sanctions 896
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ...pportunity to su bmit further supplemental briefing on the issues raised by the motion to compel, and in response to the Court's tentative issued on January 26, 2024. Having considered both parties' supplemental briefing, the Court declines to change its tentative ruling and will adopt the tentative as issued on January 26, 2024, which the Court reproduces in its entirety here: In the present discovery dispute before the Court, the parties stro...
2024.06.10 Motion for Terminating Sanctions 314
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ...and his coun sel, Ms. Stratte,” filed Jan. 11, 2024, is GRANTED -IN -PART, in the amount of $1,000 of monetary sanctions against Defendant Alexander. The Motion is otherwise DENIED. Plaintiff's request for sanctions against Defendant Alexander. With this Motion, Plainti ffs s ee k a l itany of san c ti on s a gai n st D efen d an t Timothy Alexander, for Defendant's alleged non -compliance with court orders dated 12- 5-22 and 12- 11 -23. Speci...
2024.06.10 Motion for Leave to File Complaint 334
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ..., 2021 Plaint iffs Julian Morrisette and Jasenia Quintana Lopez filed a complaint alleging habitability violations and personal injuries stemming from exposure to mold at the apartment unit they rented from defendants located in the City of Colma. Defendants timely file d their answer on July 26, 2021. Forward progress in the litigation was stymied by service issues and other matters and the matter was ultimately ordered to alternative dispute ...
2024.06.10 Demurrer to Complaint 607
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ...ir obligation to meet and confer under Code of Civil Procedure section 430.41(a). See Declaration of Daniel S. Mason (the “Mason Declaration”), ¶ 2. The Complaint Sufficiently Alleges a Cause of Action for Breach of Contract. Plaintiffs allege, inter alia, that they and Defendants established an oral contract in 2005, involving Plaintiffs' finding and managing clients to lease Defendants' billboards for compensation and security: because th...
2024.06.10 Demurrer 074
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ...“HOA”), Gary W. Ernst (“Ernst”), David R. Alvarez, Erika R. Alvarez, Robert F. Dobel II, Maryanne Dobel, Thomas Greenberg, Jonas Wright Barbour and Luna Annemarie Chu (collectively “Defendants”) to the Complaint by Plaintiffs Sung Sim Park and Matthew Moskewicz (“Plain tiffs”) is ruled on as follows: BACKGROUND Plaintiffs are the owners of 3875 Jefferson Avenue in Redwood City, CA, which is part of the Lynda Lake Gardens ("LLG...
2024.06.07 Demurrer, Petition for Coordination 197
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.07
Excerpt: ...ntly ascertain able. The most important factor in determining the ascertainability of a class is that it be defined “in terms of objective characteristics and common transactional facts that make the ultimate identification of class members possible when that identificat ion becomes necessary.” (Noel v. Thrifty Payless, Inc. (2019) 7 Cal.5th 955, 980 [citation omitted].) The class definitions in the SAC do not meet this standard, because ...
2024.06.07 Motion to Compel Responses, to Deem RFAs Admitted 688
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.07
Excerpt: ... Tammy Cooper to Form Interrogatories Set One, Special Interrogatories Set One, Request for Production Set One; To Compel Deposition; and to Deem Admitted Request for Admission Set One; and For Sanctions (the “Motion”) is GRANTED IN PART. 1. Motion to Compel Response s to the Form Interrogatories, Special Interrogatories, and Requests for Production of Documents. Defendant Cooper's failure to respond to Plaintiff's form interrogatories, speci...
2024.06.07 Motion to Quash Subpoenas, for Protective Order 906
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.07
Excerpt: ...Plaintiff was a ch ild. During recent discovery, Plaintiff deposed third party witness “B.M.,” whom Plaintiff alleges was also sexually abused by Defendant Shamieh as a child. With this motion, Defendant asks the court to strike/preclude Plaintiff from using B.M.'s depositio n testimony (or portions thereof), and to quash Plaintiff's deposition subpoenas to two other third party witnesses, S.W. and N.S., on grounds that such depositions/quest...
2024.06.06 Motion for Summary Judgment, Adjudication 133
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.06.06
Excerpt: ...2024, is GRANT ED. (Code Civ. Proc. Sect. 437c.) Defendant Urbina's alternative Motion for Summary Adjudication (MSA) is therefore DENIED AS MOOT. Defendants Con- Lee Restaurants, Inc., et. al.'s (the entity Defendants) Motion for Summary Judgment, filed March 19, 2024, and their alternative Motion for Summary Adjudication, are DENIED. (Code Civ. Proc. Sect. 437c.) Defendants' 3 -19 -24 Request for Judicial Notice (RJN) is GRANTED. (Evid. Code S...
2024.06.06 Motion for Leave to File TAC 214
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.06.06
Excerpt: ...ord Markkula and L inda K. Markkula as trustees of the A.C. Markkula and Linda K. Markkula Revokable Trust fka The Restated Arlin Trust Dated December 12, 1990 as parties to the action. Plaintiff also seeks to add allegations of agency and vicarious liability, as well as new factual allegations to support a claim for punitive damages. The proposed TAC does not add or delete any causes of action from the operative Second Amended Complaint (“SAC�...
2024.06.06 Motion to Compel Further Responses, for Sanctions 948
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.06.06
Excerpt: ...VE RULING: The Motion of Defendant Dixon Doll Jr. (“Doll”) to Compel Verified Responses and Further Responses to Form Interrogatories (“FI”) and Special Interrogatories (“SI”), to Compel Verified Responses to Requests for Production of Documents (“RFP”), to Compel Docum ent Production, to Compel Compliance with Code of Civil Procedure section 2031.280(a), and Request for Sanctions, is ruled on as follows: PROCEDURAL ISSUES Doll ...
2024.06.05 Motion to Strike 242
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.05
Excerpt: ...recorded against p laintiff's real property in Half Moon Bay in contravention of the parties' agreement. Defendants John Sheputis and Sheputis DC Investments LLC (defendants or Sheputis) now move to strike the second cause of action, for slander of title, pursuant to Code o f Civil Procedure, section 425.16, the “antiSLAPP statute. Section 425.16 provides that “[a] cause of action against a person arising from any act of that person in furthe...
2024.06.05 Motion for New Trial 099
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.05
Excerpt: ...2099 and Tim Onde rko v. Donald Wilson, et al., Case No. 22CIV -02332,1 is DENIED. 1. LEGAL STANDARDS “A new trial is a re -examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.” (Code Civ. Proc., § 656.) “A motion for a new trial is ‘a new statutory proceeding, collateral to the original proceeding' and constitutes a new action brought to set aside the judgment.” (Kabran v. Sharp Me...
2024.06.05 Motion for Final Approval of Class Settlement 379
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.05
Excerpt: ...ivate Attorne ys General Act of 2004 (PAGA) settlement agreement; (2) an award of attorney's fees to class counsel in the amount of $161,666.66 plus reimbursement of $16,339.55 in litigation costs; (3) a $10,000 incentive payment to Rogers as the class representative; ( 4) $20,000 in civil penalties, $15,000 of which will be paid to the California Labor and Workforce Development Agency (LWDA) for release of the PAGA claims with the remaining $5,0...
2024.06.05 Motion for Approval of Settlement 278
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.05
Excerpt: ...et seq., an employee aggrieved by their employer's alleged Labor Code violations may be authorized to act as an agent of the Labor Workforce and Development Agency (LWDA) to bring an action for civil penalties. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 64 (Moniz).) If the aggrieved employee seeks to settle their claims, the trial court must review and approve the settlement. (Ibid.) By statute, the LWDA receives 75 percent of the settl...
2024.06.04 Motion for Determination of Good Faith Settlement 765
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.04
Excerpt: ... alleged that two or more parties are joint tortfeasors or co -obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co -obligors[.] (Code of Civ. Proc., § 877.6.) [T]he intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plain...
2024.06.04 Demurrer, Motion to Strike 938
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.04
Excerpt: ...10 [the Notice “must specify” the location of the hearing].) Defendant Equity Residential Management, LLC's general demurrer is OVERRULED in its entirety. Defendant demurrers on the ground that the fifth cause of action for intentional infliction of emotional dis tress, the seventh cause of action for violation of Business & Professions Code section 17200 et. seq. (Unfair Competition Law), and eighth cause of action for fraudulent concealme...
2024.06.04 Motion for Judgment on the Pleadings 500
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.04
Excerpt: ...date of the hearing, as required by California Rules of Court, rule 3.1110(b). Defendant is reminded that the notice of motion must strictly comply with all applicable rules, including the California Rules of Court. However, given that plaintiff had the opportunity to substantively reply —and did so —the court proceeds to a consideration of the merits of the motion. Defendant argues that plaintiff's complaint, which asserts a single cause of ...
2024.06.04 Motion to Dismiss Complaint 104
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.04
Excerpt: ... (b), 459, subd. (a).) Initially, the court notes that defendants did not provide the proper address for the hearing set for April 9, 2024. Department 4 is located at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401 rather than in Redwood City as the notice indicates. (See Cal. Rules of Court, Rule 3.1110 [the Notice “must specify” the location of the hearing].) However, the court granted plaintiff's ex parte a...
2024.06.04 Motion to Reconsider Appointment of Guardian Ad Litem 431
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.04
Excerpt: ...dants to reconsider the appointment of Thomas “Gerry” Westerfield as guardian ad litem for Plaintiff Julie Westerfield is granted. On reconsideration, the Court reaffirms its April 18, 2024, order appointing Tomas “Gerry” Westerfield as guardian ad litem for Plaintiff Julie Westerfield. Background On January 26, 2024, Plaintiffs Julie aka Julia Westerfield (Julie) and Thomas “Gerry” Westerfield (Thomas) (collectively, Plaintiffs) file...
2024.06.03 Motion to Disqualify Counsel 292
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ... A trial co urt's authority to disqualify an attorney derives from the power inherent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it , in every matter pertaining thereto.” Ultimately, disqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain e...
2024.06.03 Motion to Compel Docs, to Seal 259
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ...NTED IN PART and DENIED IN PART, as set forth below. As a threshold matter, Impossible Foods brings this Motion pursuant to Code of Civil Procedure sections 2030.300, 2031.310 and 2031.320. (See Impossible Foods' Notice of Motion.) Thus, Impossible Foods appears to be bringing both a motion to compel further responses and a motion to compel compliance as to the Requests for Production of Documents (“RFP”). (See Code Civ. Proc., §§ 2031.310,...
2024.06.03 Motion for Summary Judgment 238
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ...is filed up on giving five days' notice, and shall be granted or denied on the same basis as a motion under Section 437c. Cal. Code of Civil Procedure Section 1170.7. Cal. Code of Civil Procedure Section 437c(b)(1) provides that an MSJ “shall be supported by affidavit s, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” Under Aguilar v. Atlantic Richfield (2001) ...
2024.06.03 Demurrer to SAC 308
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ...land lying be tween the respective real proper -ties of Plaintiff Teg Partners, LLC (“Teg”) on the one hand and Defendants Brad J. Lucas and Melanie Lucas (the “Lucases”) on the other. The Second Amended Complaint (the “SAC”) alleges that the strip of land is a paper str eet per the developer's map recorded on August 5, 1907. (See Oct. 8, 2024 Second Amended Complaint (“SAC”), ¶¶ 11 –13, exhs. 45.) The SAC also alleges that th...
2024.06.03 Demurrer 444
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ... Complaint (“FAC ”) alleges, inter alia, that Defendants misled them about the extent of water and mold damage in a commercial condominium Plaintiffs purchased. Defendant Lorton Avenue Commercial Condominiums then filed a Cross- Complaint against Moes 1-10 inclusive, later amended to name Defendant Marc Pope as Moe Cross- Defendant 1 and Defendant Cushman and Wakefield U.S. Inc. as Moe Cross- Defendant 2. The Cross-Complaint alleges causes ...
2024.05.31 Motion to Quash and Application for Protective Order, to Compel Production of Business Records 470
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.31
Excerpt: ...rganized and, in many respects, procedurally improper. The Court could have denied the Motion on that basis alone and likely will if this is repeated in the future. Nevertheless, having spent the time to understand the disarray, the Court gets to the merits in order to move this litigation forward. The original motion was filed on December 28, 2023, with no Memorandum of Points and Authorities. The Motion was also not preceded by a mandatory inf...
2024.05.30 Motion for Entry of Judgment for Possession Pursuant to Stipulation 163
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.30
Excerpt: ...ng. Before the court is plaintiff Moonridge Associate's motion for entry of judgment based on the terms of an agreement with defendants pursuant to Code of Civil Procedure section 128, subdivision (a)(4). The court has jurisdiction to determine the terms of the agreemen t pursuant to Code of Civil Procedure section 664.6. On or about March 14, 2023, plaintiff and defendants Silvia Chavarin, et al. stipulated to and signed an agreement (hereinafte...
2024.05.29 Petition for Writ of Mandate 495
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: ...d for and received a disability retirement through respondent San Mateo County Employees' Retirement Association (SamCERA) effective January 22, 2016. She further received a lump -sum award of back pay from that date through 2019, when her retirement was approved. Petitioner contends that she should have been retired effective May 25, 2011 when she stopped performing the duties of a Social Worker III in the emergency response unit, rather than in...
2024.05.29 OSC Re Dismissal 888
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: ...se Management Or der #21 and Order Severing All Claims By and Against Glynn.” In that order, the Court stayed “all claims and causes of action by and against Robert Glynn Jr. [ ] until compliance with C.C.P. Section 377.41, or further order of this Court.” On January 2 8, 2021, Geisler filed a “Motion to Continue Pending Action Against Decedent's Estate (CCP § 377.41).” In that motion, Geisler stated that Glynn had died on October 5, ...
2024.05.29 Motion for Attorney Fees 454
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: ...the Verdiel l Family Trust U/A 5/21/01 (plaintiffs), sued defendants Wai Yip, Cynthia Yip, and WCSZ Partnership (Yip defendants) and others in connection with plaintiffs' purchase from the Yip defendants of a newly built but defectively constructed single - family home for $9 million. Plaintiffs filed this lawsuit on November 17, 2016; the Yip defendants filed a cross -complaint on April 28, 2017, but did not assert claims against plaintiffs. F...
2024.05.29 Motion for Attorney Fees 421
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: ...efend ant filed a motion for attorneys' fees, seeking fees totaling $80,422.69, corrected on April 11, 2024 to $78,922.50. Defendant also filed a memorandum of costs that same day, seeking costs in the amount of $1,129.88. No motion to tax costs was filed. T he January 23, 2012 Settlement Agreement between plaintiffs' predecessorsin - interest and defendant provides for prevailing party fees: If any party to this Agreement shall take any actio...

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