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2022.10.07 Demurrer 962
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.07
Excerpt: ...ichael Szelenyi and Jeffrey Wallace's 6‐21‐22 Demurrer to Cross‐ Complainants Andrew Oldham, Jennifer Siem, and Revis, Inc.'s 5‐25‐22 Second Amended Cross‐Complaint (SACC), is SUSTAINED WITH LEAVE TO AMEND as to all asserted claims. Standing/Assertion of Derivative Suit Cross‐Defendants Szelenyi and Jeffrey Wallace argue Cross‐Complainants Oldham and Siem lack “standing” to assert the SACC as a derivative lawsuit, and they dem...
2022.10.07 Demurrer 772
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.10.07
Excerpt: ... complaint does not state facts sufficient to constitute a cause of action or is uncertain, inter alia. (Id., at § 430.10, subds. (e)–(f).) Defects in the notice to quit are properly challenged on demurrer. (See Borsuk v. Appellate Div. of Superior Court (2015) 242 Cal.App.4th 607, 617, fn. 7.) Here, Defendants have demurred to the Complaint on the grounds that the notice of termination of the tenancy (the “Notice”) attached to the Complai...
2022.10.06 Motion to Transfer Action for Coordination 011
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.06
Excerpt: ...ed Razzaqui v. Williams, Case No. CGC‐22‐597701, to this Court (San Mateo County Superior Court) for coordination with this case. Defendants from both cases oppose the Motion, and indicate that they will file a motion to bifurcate if the two cases are joined for trial. Code of Civil Procedure section 403 authorizes a judge in one court to order a case pending in another court transferred to the judge's court if it (a) involves a “common que...
2022.10.06 Motion for Good Faith Settlement 455
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.06
Excerpt: ...ade in good faith. In support, Myson submitted the declaration of its counsel, Gary L. Franklin. Franklin's declaration sets forth the basic facts concerning the litigation (Franklin Decl., ¶¶ 3‐9), and attaches the settlement agreement (id., ex. 1). Franklin also avers that Myson agreed to pay Plaintiff $120,000 to “buy peace,” that Myson vigorously disputes that it is in any way liable to Plaintiff, and that Myson is not insured for thi...
2022.10.04 Petition to Reduce Voting Requirements and Approve Amendments 125
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.04
Excerpt: ...is as follows: Petitioner Broadway West Owner's Association's (“Association”) “Petition to Reduce Voting Requirements and Approve Amendments to the Restated Declaration (Civ. Code Sect. 4275),” filed Aug. 2, 2022, is GRANTED, conditioned on correction of the typographical error in the “First Amendment,” noted below. Factual background. Petitioner is a Homeowner's Association (HOA) for an 18‐unit Condominium complex in Burlingame, Ca...
2022.10.04 Motion to Quash Subpoena 188
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.04
Excerpt: ...h November 18, 2022. This case has been assigned to the Hon. Nancy L. Fineman for all purposes and she must be the one to try the case. Accordingly, the Court VACATES the October 19, 2022 Trial and October 11, 2022 Pretrial Conference. The Court sets a Trial Setting and Case Management Conference for December 6, 2022 at 9:30 a.m. The parties are to file a Joint Case Management Conference Statement by November 29, 2022 with a trial plan, which inc...
2022.10.04 Motion for Terminating Sanctions for Discovery Misuse and Disobeying Court Orders 160
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.10.04
Excerpt: ...th the Court's previous orders, failure to oppose discovery motions, and refusal to appear at scheduled hearings and conference evidences his abandonment of his case and demonstrates that no lesser sanction would be effective. FACTUAL BACKGROUND Plaintiff initiated this case on April 14, 2021, and served Defendant with the summons on April 28, 2021. (April 14, 2021 Complaint; May 3, 2021 Proof of Service of Summons.) Defendant promptly served wri...
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...
2022.09.30 Demurrer 981
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.09.30
Excerpt: ... of the Unruh Civil Rights Act (“Unruh Act”). Any violation of the Americans with Disabilities Act (“ADA”) is a per se violation of the Unruh Civil Rights Act. (See Complaint ¶ 35; see also Civil Code § 51(f).) Plaintiff alleges that the hotel's website fails to comply with the ADA under 28 C.F.R. section 36.302(e)(1)(ii) (“Reservations Rule”), and therefore violates the Unruh Act. Defendants assert that the Complaint fails to state...
2022.09.29 Motion to Quash Deposition Subpoena 763
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.29
Excerpt: ...s Motion to Quash (Motion) is DENIED. Discovery is RE‐OPENED for the limited purpose of allowing Plaintiff to take Rhone's deposition before October 10, 2022. The deposition may be conducted remotely. The parties are ORDERED to meet and confer on a date for Rhone's deposition. 1. Witness's Lack of Knowledge Defendants and Rhone contend the subpoena does not seek relevant information because Rhone has submitted a declaration stating that she has...
2022.09.29 Motion for Summary Judgment, Adjudication 748
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.29
Excerpt: ... to summary judgment because “Plaintiff's failure to submit this dispute to arbitration is a complete bar to this civil action.” (MPA, at p.9) This contention lacks merit. The Loan Agreement entered into between Defendant Escandon Uniforms, Inc. (Escandon) and School Apparel, Inc. (SAI), Plaintiff's predecessor‐in‐interest, contains an arbitration provision stating that “[i]n the event of a dispute between the parties under this Agreeme...
2022.09.28 Motion for Judgment on the Pleadings 930
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.09.28
Excerpt: ...responded. Thus there is nothing actually under oath by the Defendant. Rather, there is a court order deeming the matters admitted. Defendant has presented no case law holding that requests for admissions not filed as part of a motion for summary judgment and/or never actually admitted by the party under oath can be a matter of judicial notice for determination on the pleadings. Plaintiff cites to Evans v. California Trailer Court Inc. (1994) 28 ...
2022.09.27 Motion to Contest Good Faith Settlement 014
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...t, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499‐ 500. Factual background. This case arises from a Feb. 22, 2019 auto accident near the Dumbarton Bridge in Menlo Park. As described by the parties, after Plaintiff Perry Kim Robinson's vehicle broke down, defendant CalTrans had Plaintiff's vehicle towed to a location on University Ave. in Menlo Park, near the intersection of University Ave. and Bayfront Expressway. Plaintiff all...
2022.09.27 Motion to Compel Further Responses, for Sanctions 482
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...rises out of alleged abuse suffered by Plaintiff and other students and perpetrated by Dinorah Ethel Molina, a teacher at a middle school within the defendant school district. By this Motion, Plaintiff seeks to compel Defendant's further responses to the first set of each of her Form Interrogatories, Requests for Production, and Requests for Admission. The parties should have been able to resolve many of these issues without the need for Court in...
2022.09.27 Demurrers to FAC 922
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...hird, and Ninth COA's in Plaintiff's FAC are OVERRULED. The Court in its discretion has considered Plaintiff's late‐filed Opposition. Nuffer's and Callinan's Demurrers Defendants Nuffer and Callinan argue that COA's 5‐7 in Plaintiff's FAC do not allege sufficient facts regarding the demurring Defendants' personal liability under the applicable Labor Code sections to support the causes of action at issue. In ruling on a demurrer, the Court acc...
2022.09.27 Demurrer to FAC 148
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...icable statute of limitations. According to Defendant, A refinance occurred on May 16, 2001 (Ex. 2) which is the same date that the Grant Deed conveying the Daly City Property to Joe and Defendant was recorded. If Plaintiff's allegation is correct, when the refinance was completed on May 16, 2001, Defendant was obligated to transfer back the property starting on May 17, 2001 and his failure to do so would be a breach of the (alleged) oral agreeme...
2022.09.27 Demurrer 895
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.27
Excerpt: ...e of entry of the Court's order. The First Amended Complaint (the “FAC”) sets forth two causes of action for invasion of privacy by portrayal in a false light. According to the allegations of the FAC, Plaintiff is a former employee of Defendant California Casualty Management Company (“CCMC”). (FAC., p. 4.) On March 31, 2022, CCMC and its officer, Defendant Robert Nicolay, eliminated Plaintiff's position and terminated Plaintiff's employme...
2022.09.22 Motion to Compel Responses, for Sanctions 156
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.22
Excerpt: ...e Motion as timely because the electronic filing stamp on the moving papers indicated Plaintiff filed the Motion on March 17, 2022—two days after the March 15 deadline. After oral argument on August 11, 2022, the Court continued the hearing to September 22, 2022, and requested additional briefing on the timeliness issue. Having reviewed the parties' Supplemental Briefs, the Court finds that the Motion was timely‐filed. Plaintiff submitted the...
2022.09.22 Motion for Terminating Sanctions 521
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.22
Excerpt: ...V‐04521 Assigned for All Purposes to Hon. Danny Y. Chou ORDER GRANTING MOTION FOR TERMINATING SANCTIONS AGAINST PLAINTIFF GANGFENG LAI Defendant Sterling Bank & Trust, FSB's (Sterling) unopposed Motion for Terminating Sanctions Against Plaintiff Gangfeng Lai (Motion) came for hearing before this Court on September 22, 2022 at 2:00 p.m. Having considered all papers filed in support of and in opposition to the Motion, oral arguments of the partie...
2022.09.22 Demurrer to SAC 987
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.22
Excerpt: ...the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (...
2022.09.22 Demurrer 450
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.22
Excerpt: ... reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.A...
2022.09.21 Motion for Evidence Sanctions for Discovery Misuse or Illegal Investigation Sanction 471
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.09.21
Excerpt: ...al investigation.” According to Defendants' Notice of Motion, “The motion is made on the ground that Plaintiff has illegally obtained certain evidence, specifically seafood and documents in violation of section 2023.010 (subd. (b)) of the Code of Civil Procedure.” NOM, p.2. Defendants, however, have provided no authority indicating that use of illegally obtained evidence constitutes a discovery violation under any part of the Civil Discover...
2022.09.20 Special Motion to Strike Complaint 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.20
Excerpt: ...efendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐complaint and each cause of action. Code of Civil Procedure section 425.16, the anti‐SLAPP statute (“strategic lawsuit against public participation”), is designed to protect defendants from meritless lawsuits that might chill the exercise of their rights to speak and petition on matters of public concern. (Bonni v. St. Joseph Health Sys. (2021) 11 Cal.5th 995, ...
2022.09.20 Motion for Protective Order, to Compel Responses, for Sanctions 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.20
Excerpt: ...EPOSITION AND FOR SANCTIONS TENTATIVE RULING: Plaintiffs Pacific Diversified Investments, LLC's, Texas Sugar North, LLC's, Texas Dove Cove, LLC's, Texas Cedar Ridge, LLC's, and Texas Brick Maze, LLC's Motion for Protective Order and Order Compelling Appearances for Deposition and Responses to Discovery is GRANTED in part and DENIED in part. Plaintiffs seek (1) a protective order precluding Defendant Ramson Mumba from testifying or presenting evid...
2022.09.20 Demurrer 894
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.20
Excerpt: ...lleged in the First Amended Complaint: (1) that these claims fail as a matter of law because the statements are not false; (2) that the alleged statements are protected by the common interest privilege under Civil Code section 47(c); and (3) that Plaintiff cannot plead special damages because the alleged special damages were caused by an unrelated event as conceded by Plaintiff's separate false light complaint. First, Defendants argue that these ...
2022.09.20 Demurrer 385
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.20
Excerpt: ...ff's First Amended Complaint (FAC), which was filed on April 1, 2022 in the federal district court case, SUSTAINED‐IN‐PART and OVERRULED‐IN‐PART, as set forth below. Plaintiff's 19‐page Opposition brief violates CRC 3.1113 (imposing 15‐page limit). In its discretion, the Court has reviewed and considered the excess pages. However, if Plaintiff violates page limitations going forward, the Court may strike Plaintiff's papers. Defendants...
2022.09.20 Motion to Strike 385
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.20
Excerpt: ...t Amended Complaint (FAC) filed on April 1, 2022 in the federal court case, is DENIED. Code Civ. Proc. Sect. 436; Civ. Code Sect. 3294. A party seeking punitive damages under Civ. Code Sect. 3294 must show, by clear and convincing evidence, that defendant is guilty of fraud, malice, or oppression. Civ. Code Sect. 3294(a). An employer may be liable for punitive damages based upon acts of an employee where the employer either had advance knowledge ...
2022.09.16 Demurrer to SAC 454
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.09.16
Excerpt: ...ike was moot in light of those rulings. On August 5, 2022, the Court found that Plaintiff did not timely contest the tentative ruling or notify Defendants of his intention to contest due to Plaintiff's counsel's claimed confusion regarding the hearing date for Defendants' Demurrers and Motion to Strike, but that the parties nevertheless appeared at the hearing. Following that hearing, the Court continued the hearing on the demurrers and motion to...
2022.09.15 Motion to Disqualify Counsel 121
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.15
Excerpt: ... in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code of Civ. Proc., § 128, subd. (a)(5); see Capra v. Capra (2020) 58 Cal.App.5th 1072, 1091– 1092.) In deciding whether to disqualify an attorney, the paramount concern “must be to preserve public trust in the scrupulous administration of justice and the integrity of the bar.” (People ex rel Dept. of Corps. v. SpeeDee Oil Change Systems,...
2022.09.14 Motion for Summary Judgment, Adjudication 980
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.09.14
Excerpt: ...se, in June 2008, of DeRitz, LLC, and its asset, real property located at 1528 S. El Camino Real in San Mateo. Pursuant to the terms of the Purchase Agreement, as part of the funding for the purchase of DeRitz, Plaintiffs transferred to the sellers three properties in San Mateo for the fair market value of either $1,763,891.22 or $1,764,963.74. Plaintiffs' AUMF 18. This amount should have been credited toward the purchase of DeRitz. Plaintiffs' A...
2022.09.13 Demurrers 997
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.13
Excerpt: ...This action has been consolidated with San Mateo Superior Court Case no. 21CIV05618. (See Order filed July 6, 2022 in this action.) As such, all future documents for both actions are to be filed only in this lead action (21CIV02997). The Court notes that this Demurrer was filed in 21CIV05618 prior to the Court's Order granting consolidation. (2) Demurrer to the Second Cause of Action for Negligence and Fourth Cause of Action for Negligent Inflict...
2022.09.13 Application for Disposition of Proceeds of Sale, for Payment and Discharge of Referee 627
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.13
Excerpt: ...e Civ. Proc. Sect. 873.810 et. seq. As discussed below, the Court requests that the Referee prepare a revised, proposed distribution of the sale proceeds, consistent with this Order. This Court has been the single‐assigned judge in this case since December 14, 2020. It has no personal knowledge of the activities in the case before that time, but in the course of its duties has become familiar with the facts and issues in this case. Brief backgr...
2022.09.13 Motion for Judgment on the Pleadings 510
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.13
Excerpt: ...dure. § 438(c)(1)(B)(ii),(h)(2). Defendants' Request for Judicial Notice is GRANTED pursuant to Evidence Code §452(d). A cause of action for defamation is established by showing the intentional publication of a statement of fact which is false, unprivileged, and has a natural tendency to injure or which causes special damage. Gilbert v. Sykes, 147 Cal.App.4th 13, 27, citing Ringler Associates Inc. v. Maryland Casualty Co. (2000) 80 Cal.App.4th ...
2022.09.13 Motion to Consolidate and Set Trial 080
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.13
Excerpt: ...all parties received notice of the motion and therefore, the Court decides the motion on the merits. The two cases—Stephen Estrella v. City of South San Francisco Code Enforcement, et al., Case No. 20CIV05257 (“Estrella”) and Norguard Insurance Co. v. CSG Consultants, Inc., et al., Case No. 22CIV00080 (“Norguard”)—both arise from an incident on January 23, 2020, in which Sean Flanagan allegedly ran over and injured Stephen Estrella's ...
2022.09.13 Motion to Consolidate Related Cases 257
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.13
Excerpt: ...Stephen Estrella v. City of South San Francisco Code Enforcement, et al., Case No. 20CIV05257 (“Estrella”) and Norguard Insurance Co. v. CSG Consultants, Inc., et al., Case No. 22CIV00080 (“Norguard”)—both arise from an incident on January 23, 2020, in which Sean Flanagan allegedly ran over and injured Stephen Estrella's foot. Estrella initiated the Estrella matter on November 24, 2020, and filed his First Amended Complaint on December ...
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...
2022.09.09 Motion to Set Aside Entry of Default Judgment 436
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.09.09
Excerpt: ... Abrego, a Section 8 tenant, both (a) failed to pay his portion of the monthly rent (95% of which is being paid by the San Mateo County Housing Authority) for April and May 2022, and (b) permitted, in violation of the Lease, three unauthorized persons to live in the property. In the two months preceding the July 6, 2022 service of the Summons & Complaint, Defendant Abrego was served with four separate Notices from Plaintiff/landlord, stating that...
2022.09.09 Demurrer 529
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.09.09
Excerpt: ...ake Health Care Center (2018) 6 Cal.5th 474, 482, 483. Here, Defendant's demurrer is based in part on the argument that Plaintiff's Complaint does not include a “[t]he requisite documents in order to establish a foundation for the ownership of the subject property.” Opp. 3:5‐7. To the extent this argument is based on more than whether the landlord acquired the property at a regularly conducted sale and thereafter duly perfected its title, i...
2022.09.08 Motion to Compel Further Responses, for Monetary Sanctions 179
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.08
Excerpt: ...ty of San Mateo (Defendant) from 2007 to 2019 pursuant to an independent contractor agreement. (FAC, ¶¶ 6‐19.) Plaintiff alleges that “beginning in early 2019,” Defendant “began to change the terms of [Plaintiff's] employment,” which effectively changed her status from independent contractor to employee. (Id., ¶ 16.) After Plaintiff filed an EEOC Complaint against Defendant, Defendant allegedly “terminated” her. (Id., ¶¶ 19‐2...
2022.09.08 Demurrer 136
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.08
Excerpt: ... seek any monetary relief. In her first through fifth causes of action under the Fair Employment and Housing Act (FEHA), however, Plaintiff does seek monetary relief. Although Defendant acknowledges that Plaintiff's FEHA claims are not subject to the Government Claims Act (GCA), it nonetheless argues that Plaintiff's sixth cause of action is subject to the GCA based solely on the claims for monetary relief in her FEHA causes of action. The Court ...
2022.09.06 Motion for Protective Order 474
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.06
Excerpt: ... opposition was served. If any party has any objections to the Court considering Plaintiffs' opposition, the party shall properly contest the tentative and appear at the hearing. Cross‐Defendant County of San Mateo's motion to stay discovery as to all parties is GRANTED in part and DENIED in part for the reasons set forth below. The County filed the present motion after Defendant Blair filed his motion for a protective order or, in the alternat...
2022.09.06 Motion for New Trial 525
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.06
Excerpt: ...error in law, occurring at the trial and excepted to by the party making the application. (Code of Civ. Proc. § 657(6) & (7).) (Notice of Intent to Move for New Trial at 1.) A. The Order Granting Summary Judgment Was Not Against Law. A verdict or order is against law “only if it was ‘unsupported by any substantial evidence . . . .'” (Fergus v. Songer (2007) 150 Cal.App.4th 552, 567.) Defendant's motion does not argue that Plaintiff's evide...
2022.09.06 Motion for Dismissal 492
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.09.06
Excerpt: ...Mr. Corrinet. Judge Fineman has been the single assigned judge on this case since December 8, 2020. The Court, after considering the record and weighing the factors, exercises its discretion to dismiss pursuant to Code of Civil Procedure §§ 583.410 et seq. and California Rules of Court rule 3.1240. The Court, therefore, GRANTS Plaintiff's motion and VACATES the trial date and all other dates. While it may be unusual to dismiss a case a day befo...
2022.09.01 Demurrer 252
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.01
Excerpt: ...AVE TO AMEND, and SUSTAINED IN PART WITHOUT LEAVE TO AMEND. 1. Legal Standard On a demurrer, the Court must “assume the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App....
2022.09.01 Demurrer 052
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.09.01
Excerpt: ...im's second demurrer. (See Mar. 30, 2022 Demurrer, p. 1 [“Defendants Joseph and Suzie Kim (hereafter ‘Defendants'), will and hereby do generally and specifically demurrer [sic] to Plaintiffs Carol and Charles Oushani's, [sic] Complaint”].) But subsequent demurrers are not prohibited as a matter of law. (McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 282 [“[w]hile it is true that no statute specifically authorizes the procedu...
2022.08.30 Demurrer 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.30
Excerpt: ...‐confer requirement satisfied. If there are future demurrers or motions to strike, Plaintiff is to follow‐up on her representation that she would respond to a request to talk on the phone to discuss the issues. Courts have construed the failure to oppose a motion as having an abandonment of the claims. See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 (“Plaintiff did not oppose the County's [motion] to this portion of their seve...
2022.08.30 Motion for Sanctions 275
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.30
Excerpt: .... (California Rule of Court Rule 3.1110(f)(4); San Mateo County Superior Court Local Rule 3.3.) “Rules of Court have the force of law and are as binding as procedural statutes as long as they are not inconsistent with statutory or constitutional law.” (R.R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) Plaintiff's Moving Request for Judicial Notice includes 10 exhibits across 100 pages. The failure to comply with Court Rules imposes an ...
2022.08.30 Motion to Continue Trial 562
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.30
Excerpt: ... 2022 are likewise vacated. The Court sets a Trial Setting Conference for September 20, 2022 at 9:30 a.m. No statements are necessary for the Trial Setting Conference. A motion for continuance is addressed to the sound discretion of the trial court. Oliveros v. County of Los Angeles (2004) 120 Cal.App.4th 1389, 1395. This Court reaches its conclusion after considering all the factors and exercising its discretion. The Court starts its analysis wi...
2022.08.30 Motion to Strike 777
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.30
Excerpt: ...nts' motion to strike references Exhibits A and B in a “Table of Exhibits.” However, it appears that no Table of Exhibits has been filed. The Court finds the meet‐and‐confer requirement satisfied. If there are future demurrers or motions to strike, Plaintiff is to follow‐up on her representation that she would respond to a request to talk on the phone to discuss the issues. Courts have construed the failure to oppose a motion as having ...
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...
2022.08.26 Motion for Attorney Fees 386
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.08.26
Excerpt: ... in connection with the anti‐SLAPP motion (including a related motion for fees and costs), not those incurred in other aspects of the action.” (Tukes v. Richard (2022) 81 Cal.App.5th 1, 6.) “[B]ecause the anti‐SLAPP provisions refer to attorney fees and costs without indicating any restrictions on how they are to be calculated, we accordingly presume that the Legislature intended courts use the prevailing lodestar adjustment method.” (K...
2022.08.26 Demurrers, Motion to Strike 208
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.08.26
Excerpt: ...sserted in Case No. 17CIV03349, for unpaid legal fees. Plaintiff alleges that Defendant agreed to submit three separate payments of $25,000, with the final payment to be made “from the settlement or judgment proceeds received by Syed Ali Husain from the resolution of a separate action captioned Husain v Wasau Business Insurance Company, et al., Los Angeles County Superior Court, Case no. BC691736, in which Syed Ali Hussain and his wife, Khurshe...
2022.08.26 Demurrer 795
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.08.26
Excerpt: ...le statutes of limitations, barred for failure to plead exhaustion of administrative remedies in compliance with the Government Claims Act, and barred by prosecutorial immunity. Defendant is correct as to each point, and Plaintiff has not demonstrated a reasonable probability that his Complaint can be successfully amended. Statute of Limitations Plaintiff's Complaint alleges acts or omissions causing damage to Plaintiff on February 8, 2016, more ...
2022.08.25 Motion to Contest Tentative Ruling, for Reconsideration 777
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.25
Excerpt: ...econsideration Motion #1). On July 6, 2022, Plaintiff filed a Motion to Contest Tentative Ruling Dated 06‐30‐2022; Motion for Reconsideration; Memorandum of Points and Authorities; Declaration (Reconsideration Motion #2). On July 8, 2022, Plaintiff filed Declaration 3 of Plaintiff Andrada in Support to her Motion for Consideration on Her Request for Entry of Default Judgment Against Defendant Arman Baghbanbashi (Reconsideration Motion #3.) Al...
2022.08.25 Motion for Summary Judgment, Adjudication 582
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.25
Excerpt: ...t cause of action alleges “various forms of indebtedness” (McBride v. Boughton (2004) 123 Cal.App.4th 379, 394), including an open book account, accounted stated, money lent, money paid or laid out to or for the defendant at her request and for the loan issued by the plaintiff upon the defendant's request. The Motion, however, only addresses the claim of an open book account. Summary adjudication of the common count claim based on an open boo...
2022.08.25 Motion for Summary Judgment 287
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.25
Excerpt: ...or All Purposes to Hon. Danny Y. Chou ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES The Motion for Summary Judgment or, in the Alternative, Summary Adjudication of Issues (Motion) filed by Defendants Jaye Morris and Brett Kinigstein (collectively, Defendants) came for hearing before this Court on August 25, 2022 at 2:00 p.m. All parties appeared through th...
2022.08.25 Motion for Reconsideration on Entry of Default Judgments 777
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.25
Excerpt: ...s (Reconsideration Motion #1). On July 6, 2022, Plaintiff filed a Motion to Contest Tentative Ruling Dated 06‐30‐2022; Motion for Reconsideration; Memorandum of Points and Authorities; Declaration (Reconsideration Motion #2). On July 8, 2022, Plaintiff filed Declaration 3 of Plaintiff Andrada in Support to her Motion for Consideration on Her Request for Entry of Default Judgment Against Defendant Arman Baghbanbashi (Reconsideration Motion #3....
2022.08.25 Demurrer 147
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.25
Excerpt: ...e drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) 2. First Cause ...
2022.08.24 Demurrer to FAC 383
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.08.24
Excerpt: ...e a cause of action. The First Amended Complaint alleges that Plaintiffs Jeannie and Annie Hung gave money to Defendant to use as a down payment to buy a residence to be occupied by Defendant and by Plaintiff Edmond Hung as their family home. They raised a family there, although Defendant Edmond Hung left the family in 2014 and stopped making any payments towards the house. Plaintiffs allege that Defendant – seven years after Edmond left – so...
2022.08.23 Motion to Quash Subpoena for Records, for Protective Order to Modify Subpoenas 380
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.23
Excerpt: ...VISION REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,810.00 AGAINST DEFENDANT CITY OF REDWOOD CITY AND THEIR ATTORNEY OF RECORD ATTORNEY LISA K. RAUCH, ESQ. & HOWARD ROME MARTIN & RIDLEY, LLP TENTATIVE RULING: Plaintiff's Motion to Quash Defendant's Subpoenas to medical providers is DENIED. The Court finds that Plaintiff's alternative Motion for a Protective Order to modify the subpoenas to medical providers is GRANTED, in part, pursuant to Code of C...
2022.08.23 Demurrer to SAC 236
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.23
Excerpt: ...AC, ¶ 19. Plaintiffs allege that, with knowledge of the purchase offer, Defendants agreed to a new five‐ year lease of the restaurant premises with one five‐year option to renew. SAC, ¶¶ 18‐20. Plaintiffs further allege that Defendant Yamei Lu subsequently “broke her agreement stating that she would only accept a five (5) year lease with no option to renew with the new Buyers.” SAC, ¶ 24. Plaintiffs allege that, as a result of Defen...
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...
2022.08.18 Motion to Tax Costs 847
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.18
Excerpt: ...hat much of the $5,747.80 claimed in Item 1 consist of fees for legal service firms, and not filing or motion fees. Indeed, the only filing/motion fee listed in Item 1 is for Defendants' motion for summary judgment, incurred on October 8, 2019. However, the Court has discretion to grant costs of couriers or messenger fees if reasonably necessary to the conduct of the litigation. (Foothill‐De Anza Community College Dist. v. Emerich (2007) 158 Ca...
2022.08.17 Motion for Leave to File SAC 823
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.08.17
Excerpt: ...ies previously lived together for 13 years. Plaintiff alleges that in 2017, Defendant transferred/conveyed his ownership interest in the subject property from himself (individually) to himself as Trustee of the newly formed “MSI Family Trust.” Because Defendant's interest in the property is now held by himself as Trustee of the new Trust, it is proper for Plaintiff to request to add Defendant in his capacity as Trustee, so that any judgment c...
2022.08.16 Demurrer to SAC 228
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.16
Excerpt: ...ts, judicial notice of Defendant's discovery responses is improper. Weil & Brown, California Practice Guide: Civil Procedure Before Trial § 7.1 (TRG June 2022 update) (can take judicial notice of plaintiff's inconsistent discovery responses but not opposing party's responses). However, as previously, the Court accepts the responses for the fact that Plaintiff can plead additional facts to toll the statute of limitations. Defendants' Request for ...
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, ...
2022.08.15 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....
2022.08.11 Motion to Set Aside Default, Judgment 771
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.11
Excerpt: ...e grounds even if statutory relief is unavailable.” (Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894, 910 (Luxury Asset Lending), quoting Rappleyea v. Campbell (1994) 8 Cal.4th 975 [quotation marks, brackets, and ellipses omitted].) “One ground for equitable relief is extrinsic mistake—a term broadly applied when circumstances extrinsic to the litigation have unfairly cost a party a hearing on th...
2022.08.10 Demurrer to FAC 552
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.08.10
Excerpt: ...rt have the force of law and are as binding as procedural statutes as long as they are not inconsistent with statutory or constitutional law.” (R. R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) Defendants' failure to comply as to their Request for Judicial Notice imposes an unnecessary burden on the Court. Defendants' Request for Judicial Notice is GRANTED, The Demurrer by Defendants MERS and SHAUNA BOEDEKER as to the first, second, fou...
2022.08.10 Demurrer to FAC 796
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.08.10
Excerpt: ...he second cross‐cause of action for dissolution of partnership regarding a real estate business is OVERRULED. Cross‐Defendant Loeswick's Demurrer to the First Amended Cross‐Complaint as to the third cross‐cause of action for violations of the Labor Code is SUSTAINED WITHOUT LEAVE TO AMEND. Cross‐Complainant Vernon fails to allege facts supporting any allegation that she was an “employee” of Loeswick under the Labor Code. A major con...
2022.08.09 OSC Re Dismissal 126
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.09
Excerpt: ...ure § 583.310. In response, on August 2, 2022, Plaintiff David Fennell filed an opposition to dismissal stating that the case was on federal appeal and, therefore, should not be dismissed. He states that he “is challenging the constitutionality of Code of Civil Procedure § 425.16, as used in this case and to block the Plaintiff's run for California Lieutenant Governor 2022.” Opposition at 2. He attaches a letter from the clerk of the United...
2022.08.09 Demurrer to FAC 065
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.09
Excerpt: ... Action for Negligence and otherwise OVERRULED. A. Issue Preclusion Allied argues that Plaintiff is precluded from relitigating any issue raised by the FAC. Allied does not demonstrate that any issues litigated or decided in the prior proceeding are identical to those in the instant case. For issue preclusion to apply, there are five requirements: (1) the issue in the current proceeding must be identical to the issue in the former; (2) it must ha...
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,...
2022.08.05 Petition to Release Property from Claim of Lien 690
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.08.05
Excerpt: ...EE”) TENTATIVE RULING: The Petition of Honeybee Foods Corporation/Red Ribbon Bakeshop Inc./Tokyo Teriyaki Corporation (“Jollibee”) for an Order to Release Property from Claim of Lien is DROPPED as MOOT. Respondent All Pro Services dba 1‐ 877‐DUMP‐PRO (“Respondent”) demonstrates that Releases of the Mechanic's Liens were recorded in May 2022. (Mattuch Decl. ¶ 2, and Exh. B.) Jollibee's request for $4,567.50 in attorney's fees is D...
2022.08.05 Motion to Strike 196
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.08.05
Excerpt: ...SBs) and NHTSA complaints regarding the allegedly defective transmission, including those relating to Honda Odysseys. According to Defendant, “This case has nothing to do with Honda Odysseys, nothing to do with prior Honda Pilot models, and indeed nothing to do with any vehicles other than the Subject Vehicle.” MPA, p.2. However, as set forth in the analysis of Defendant's demurrer, Plaintiff alleges that “These defective transmissions were...
2022.08.05 Motion for Summary Judgment, Adjudication 267
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.08.05
Excerpt: ...ition relies on 17 exhibits, comprising 140 pages. Of that evidence, 120 pages (15 exhibits) are redacted in their entirety. The unredacted evidence is merely lodged under seal, but not filed. Similarly, Plaintiff's Opposing Separate Statement is lodged under seal, but not filed. The parties stipulated to a Protective Order, which requires that when filing any documents designated as “CONFIDENTIAL,” “the filing party shall follow the proced...
2022.08.05 Demurrer to SAC 454
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.08.05
Excerpt: ...”) and Laurel Elementary School's (“School”) unopposed Demurrer to the First and Second Causes of Action (“COA's”) in Plaintiff's Second Amended Complaint is SUSTAINED without leave to amend pursuant to Cal. Code of Civ. Proc. § 430.10(e). First COA for Negligent Supervision The requisite duty of care that the School and District owed to Plaintiff was to protect from foreseeable injury at the hands of third parties. C.A. v. William S. ...
2022.08.05 Demurrer 196
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.08.05
Excerpt: ...nnot assert claims for breach of express and implied warranties under the Song‐Beverly Act because the Act does not apply to used vehicles, even where the applicable manufacturer's warranties have not expired. Defendant relies on the recent decision in Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, 219–221. In that case, the court held that vehicles with a remaining balance on the original warranty do not meet the Act's definition of a �...
2022.08.04 Motion to Compel Arbitration and Stay Proceedings 156
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.04
Excerpt: ...nsula Infiniti, a dealership, pursuant to a Retail Installment Sale Contract (Contract). (Maugeri Decl., ¶ 4, and ex. 3.) The only signatories to the Contract are Peninsula Infiniti and Plaintiff. (See id., ex. 3.) Defendant is not a signatory. (Ibid.) The Contract contains an arbitration provision, which states in relevant part that: “Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope...
2022.08.04 Motion to Compel Further Responses, for Sanctions 446
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.04
Excerpt: ... Further Responses to Requests for Production (Set Seven) (Motion) and Requests for Monetary Sanctions is GRANTED IN PART and DENIED IN PART. 1. Request for Production (RFP) No. 78 In responding to RFP No. 78, Defendant Nordstrom, Inc. only provided objections. Defendant's response is not, however, code compliant. Under Code of Civil Procedure section 2031.240, a party who objects to a request for production must “identify with particularity an...
2022.08.02 Special Motion to Strike FAC, for Attorney Fees 611
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.02
Excerpt: ...age limit and font size. California Rule of Court 2.104; 3.1113(d). In its discretion, however, the Court has chosen to reach the merits of the motion rather than ordering Plaintiffs to re‐file their Opposition brief. All parties are reminded to comply with the Rules of Court going forward. Facts/background. The parties to this case had a prior relationship, which led, in 2017, to defendant Aaron Timm filing a lawsuit against Plaintiffs Sarah B...
2022.08.02 Motion to Compel Further Responses, for Monetary Sanctions 380
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.02
Excerpt: ...ifornia Code of Civil Procedure §§ 2030.220, 2031.310; and 2) further responses and all documents responsive to the City's document demand to Plaintiff, Request No. 2, along with a privilege log pursuant to California Code of Civil Procedure §§ 2031.240, 2031.310 is GRANTED. Plaintiff shall provide the verified supplemental responses within 10 days after entry of order; Plaintiff shall provide all responsive documents and a privilege log with...
2022.08.02 Motion for Sanctions 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.02
Excerpt: ...”) brings a motion for sanctions pursuant to Code of Civil Procedure §§ 128,5 and 128.7 against certain attorneys at Hunt & Henriques. For the reasons set forth below, the motion is DENIED. First, the motion does not meet the requirements of Code of Civil Procedure §§ 128.7(c)(1) and 1010 because the motion served on Plaintiff/Cross‐ Defendant fails to provide the date, time, department and location of the court. Accordingly, the motion i...
2022.08.02 Motion for Leave to File Motion in Limine 235
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.02
Excerpt: ...imine, evidentiary objections can be made at any time. The Court finds that it is more efficient to decide evidentiary issues before trial and finds that the other parties will suffer no prejudice by a pre‐trial ruling about the admission of evidence. This is especially true because Defendants made their objection in the Joint Pretrial Conference Statement filed August 11, 2021. Defendants stated: If the Court were to permit Plaintiff to bring ...
2022.08.02 Demurrer to SAC 228
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.02
Excerpt: ...est to take judicial notice of the interrogatories. Weil & Brown, California Practice Guide: Civil Procedure Before Trial section 7.1 (TRG June 2022 update) (can take judicial notice of plaintiff's inconsistent discovery responses but not opposing party's respnses). However, the Court accepts the responses for the fact that Plaintiff can plead additional facts to toll the statute of limitations. Plaintiff's objections to Defendants' Request for J...
2022.08.02 Demurrer 500
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.02
Excerpt: ... deems any irregularity in service waived by Plaintiff. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, as modified (Feb. 2, 2000).) The Court OVERRULES Defendant Julio Cesar Escobar's Demurrer to Plaintiff Kriss Miranda's Complaint for the reasons set forth below. Defendant argues that Plaintiff's Complaint, which asserts a single cause of action for unlawful detainer, fails to state a cause of action because Plaintiff lacks standing becau...
2022.07.29 Motion for Summary Judgment, Adjudication 745
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.07.29
Excerpt: ... that Defendant had an intent to defraud Plaintiff, a necessary element for both causes of action. According to Defendant, “Weiss has no evidence that Gupta had any intent to defraud her beyond his failure to deliver on his alleged promises.” MPA, p.5. Defendant also notes that he “sent an email to his superior, the Chief Executive Officer, requesting permission to hire Weiss, which negates any argument he never intended to hire Weiss.” I...
2022.07.29 Motion for Summary Judgment 801
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.07.29
Excerpt: ...pursuant to Cal. Code of Civ. Proc. § 437c(p). Defendant's Objections to paragraphs 10 and 11 of the Moore Decl. are SUSTAINED. The remaining objections are OVERRULED. Cal. Code of Civ. Proc. § 437c(b)(1) provides that an MSJ “shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” A defendant has met his or her burden of showing that a...
2022.07.29 Demurrer 533
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.07.29
Excerpt: ...RULED on the ground that the Court has no jurisdiction over these claims. United contends that these claims are preempted by the Railway Labor Act (“RLA”) because there is a collective bargaining agreement (“CBA”) between United and Defendant Association of Flight Attendants‐CWA, AFL‐CIO (“Union”) that governs these claims. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or fr...
2022.07.28 Motion to Compel Further Responses, for Terminating Sanctions or Issue or Evidence Sanctions, for Monetary Sanctions 446
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.07.28
Excerpt: ...Y KATHRYN LOW; MONETARY SANCTION FOR $1,500.00 FOR DEFENDANT'S WILLFUL VIOLATION OF COURT ORDERS AND EXHIBITS TENTATIVE RULING: Plaintiff David Weiner's Motion to Compel Further Responses to Requests for Production (Set One) is and Request for Monetary Sanctions (Motion) is GRANTED IN PART and DENIED IN PART. 1. Requests for Production (RFP) Nos. 6–7 On July 8, 2021, this Court granted in part and denied in part Plaintiff's motion to compel fur...
2022.07.28 Motion for Limited Stay of Dispositive Motions as to Federal Claims 560
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.07.28
Excerpt: ...s Motion as a “repeat” of Defendants' 2021 motion to stay this case pending resolution of Defendants' earlier‐filed federal court case appears to be inapt. In denying Defendants' 2021 motion to stay, this Court stated that the motion may be renewed “if any only if” the federal district court issued a “conflicting ruling.” (See Sept. 28, 2021 Order.) As Plaintiff correctly notes, the federal district court has issued no “conflictin...
2022.07.27 Demurrer to SAC 496
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.07.27
Excerpt: ...in the complaint are sufficient to allege any cause of action. Witkin, California Procedure (6th ed. 2021) Pleading §953. Plaintiff is self‐represented. At the very least, Plaintiff has alleged facts in the Second Amended Complaint that Defendant Nash yelled at Plaintiff Rodriguez, told her to get off of “his” property, and slammed Plaintiff's right foot on the door. Plaintiff also alleges facts that she sustained personal injuries from th...

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