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2022.06.10 Motion to Compel Arbitration and Dismiss or Stay Proceedings 582
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.06.10
Excerpt: ... when Defendant “received” the invoice at issue. Defendant's objections to paragraphs 3, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, and 17, and Exhibit F and J are overruled. Defendant's objection to Plaintiff's Request for Judicial Notice of an Order from a Santa Clara County Superior Court in Murrain v. Tesla, No. 18CV 334861 is sustained. The Court notes, however, that its ruling on this motion would be unaffected if the challenged evidence were o...
2022.06.09 Motion to Strike 779
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.06.09
Excerpt: ...rney fees only when authorized by contract or statute. (Code Civ. Proc., §§ 1021 & 1033.5, subd. (a)(10).) TEN6's First Amended Cross‐Complaint (FACC) does not seek attorney fees pursuant to contract. Rather, it seeks fees pursuant to Code Civ. Proc. section 1021.5. The Court previously struck TEN6's request for attorney fees in the original Cross‐Complaint, which also sought fees pursuant to Code of Civil Procedure Section 1021.5. (See Jan...
2022.06.09 Motion to Strike 121
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.06.09
Excerpt: ...right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” In ruling on an anti‐SLAPP motion under this section, the Court engages in a two ‐step process. “First, the court decides...
2022.06.09 Demurrer to FAC 779
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.06.09
Excerpt: ...s (TEN6) First Amended Complaint (FAC) (Demurrer) is OVERRULED. In the Demurrer, Genesys only challenges TEN6's third cause of action for violation of the Unfair Competition Law (UCL), Bus. & Prof. Code, § 17200, et seq. Citing this Court's previous order sustaining its demurrer to the UCL cause of action and Linear Technology Corp. v. Applied Materials (2007) 152 Cal.App.4th 115 (Linear), Genesys contends TEN6 failed to cure the defects in its ...
2022.06.09 Demurrer to FAC 121
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.06.09
Excerpt: ...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.) A demurrer does not lie to only part of a cause action. (See Daniels v. Select Portfolio Servicing, ...
2022.06.08 Motion for Determination of Prevailing Party, for Attorney Fees 651
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.06.08
Excerpt: ...uit against Defendant Jim Khorge for breach of a contract (Promissory Note) that contains an attorney's fees clause. The Arbitrator found in favor of Plaintiff Dan Khorge on the breach of contract claim, and Judgment has been entered in favor of Plaintiff Dan Khorge. (1‐4‐22 Clerk's Judgment). Accordingly, the Court finds that Plaintiff Dan Khorge is the prevailing party on his claim for breach of contract, and is entitled to recover his reas...
2022.06.07 Motion to Impose Mandatory and Discretionary Sanctions 582
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.07
Excerpt: ...terial breach of the parties' arbitration agreement pursuant to Code of Civil Procedure §§ 1281.97 and 1281.99. As a preliminary matter, Plaintiff's counsel is reminded to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f)(4) [“electronic exhibits must include electronic bookmarks with links to the first page of each exhibit an...
2022.06.07 Motion for Summary Judgment, Adjudication 543
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.07
Excerpt: ... Case Management Conference Statement that there was a settlement, but no dismissal has yet been filed. Therefore, the Court reposts the tentative posted on May 2, 2022 as the tentative for the June 7, 2022 hearing: The Hon. Nancy L. Fineman discloses that she previously had a financial interest in American Express Company (AXP), which may be a related company to plaintiff American Express National Bank. All of her interests in American Express C...
2022.06.07 Motion for Determination of Good Faith Settlement 186
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.06.07
Excerpt: ...o Rodriguez, was entered into in good faith. The Court, in exercising its discretion after reviewing the record and weighing the Tech‐Bilt factors, finds that the settlement was entered into in good faith, and thus the Motion is GRANTED. Code Civ. Proc. Sect. 877.6; Tech‐Bilt, Inc. v. WoodwardClyde & Associates (1985) 38 Cal.3d 488, 499‐500. As the party challenging the settlement, defendant Transmetro has the burden of showing the settleme...
2022.06.06 Demurrer 273
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.06
Excerpt: ...an be granted. The gravamen of Plaintiff's Complaint arises out of an alleged August 21, 2014 overcharge on Plaintiff's real estate loan from Defendant Bank of America. Complaint, ¶¶ 5‐14. Each cause of action relates to that event and is supported only by those factual allegations. Although the first cause of action alleges that the breach of contract began on a date to be determined after February 15, 2019, this conflicts with the prior all...
2022.06.06 Motion for Judgment on the Pleadings 772
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.06
Excerpt: ...on). The first cause of action alleges that Defendant made statements to Peters, which induced Peters to not pay Plaintiff, which forced Plaintiff to sue Peters. Since the Complaint does not allege any representation made to Plaintiff, the Complaint does not allege a claim for intentional misrepresentation. However, a Complaint may survive a motion for judgment on the pleadings if it alleges any cause of action, despite the title of the claim. He...
2022.06.06 Motion for Summary Judgment, Adjudication 020
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.06
Excerpt: ...ary judgment shall be granted when “all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Code Civ. Proc. Sect. 437c(c). A defendant has met the burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action cannot be established, or there is a complete defense to that cause of...
2022.06.06 Motion for Summary Judgment, Adjudication 502
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.06
Excerpt: ...ollows: The Motion for Summary Judgment is DENIED. The Motion addresses only the open book account and account stated claims, even though Plaintiff alleges other common count claims in the Complaint. Therefore, Plaintiff fails to meet its initial burden of establishing that it is entitled to summary judgment. However, the Motion for Summary Adjudication to the open book account claim is GRANTED. Plaintiff presents evidence to establish all the el...
2022.06.06 Motion to Dismiss Complaint 789
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.06.06
Excerpt: ...filed on September 6, 2018. Since that date, Plaintiff has not filed a proof of service establishing that the summons and complaint were served on Defendants. When the summons and complaint is not served within the three‐year period, CCP § 583.250 provides that the court shall dismiss the action. This requirement is mandatory and is not subject to extension, excuse or exception except as expressly provided by statute. Plaintiff bears the burde...
2022.06.02 Motion to Set Aside Default, Judgment 121
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.06.02
Excerpt: ...ion. (Soloway Decl., ¶7.) The FAC was served on January 18, 2022. (Id., ¶8.) The parties later disagreed about what the proper date for service was, with Defendants contending that February 22, 2022 was the proper date based on an extension of time to file due to electronic service. (Id., ¶¶13, 14 & Exs. 10, 11.) Defendants attempted to file their demurrer and special motion to strike on February 22, 2022, but the filing was rejected the foll...
2022.06.02 Motion for Judgment on the Pleadings 387
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.06.02
Excerpt: ... account stated and open book account. It alleges the following facts: (1) third‐party Comenity Bank issued a credit account to Defendant Marjorie Anunciacion; (2) Defendant used, or authorized the use of, the credit account to make purchases and/or transactions; (3) Defendant received periodic billing statements for the credit account; (4) Defendant defaulted in making the required payments; and (5) Plaintiff was assigned and transferred all r...
2022.05.31 Motion to Compel Arbitration 401
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.31
Excerpt: ... to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit”]; San Mateo County Superior Court Local Rule 3.3 [same].) “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 Request for Judicial No...
2022.05.31 Motion for Reconsideration of Removal of Writ of Attachment 254
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.31
Excerpt: ...AINTIFF ATTORNEY OF RECORD FOR FILING A WRONGFUL WRITE OF ATTACHMENT, PROTECTIVE ORDER AND SHERIFF LEVIES WITH PREJUDICE WITHHOUT LEAVE TO AMEND TENTATIVE RULING: For the reasons stated below, Defendant Gus Williams' Motion for Reconsideration, filed 3‐10‐22, is DENIED. Code Civ. Proc. Sect. 1008. Background. On 11‐19‐21, the Court granted Plaintiff's Application for a Writ of Attachment and a Temporary Protective Order (“TPO”), in wh...
2022.05.26 Motion to Set Aside Default, Judgment 191
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.05.26
Excerpt: ...e neglect under Code of Civil Procedure section 473, subdivision (b). According to Defendant, he was not aware of these proceedings because he did not receive a copy of the Complaint. (Corrected Chin Decl., ¶ 5) In light of statements set forth in Defendant's declaration, the Court finds that his motion should be granted pursuant to Code of Civil Procedure section 473.5. That section provides that “When service of a summons has not resulted in...
2022.05.26 Motion for Attorney Fees 517
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.05.26
Excerpt: ...ded to Plaintiff under the Act. (See Civ Code, § 1794, subd. (d).) As a result, Plaintiff has filed this Motion, seeking an award of attorney fees and costs in the amount of $228,872.34 based on the lodestar amount and a 1.5 multiplier. Defendant does not dispute that Plaintiff is entitled to recover fees and costs but counters that the lodestar amount is inflated and that the Court should award a negative 0.2 multiplier. The Court agrees that s...
2022.05.25 Motion to Compel Arbitration and Stay Proceedings 346
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.05.25
Excerpt: ...o evidence was presented by moving party of any signed acknowledgment or other document proof that Ponder ever saw or signed any arbitration agreement. Ponder provided a declaration stating that she never saw nor signed any arbitration agreement. Defendant argues that according to their Human Resources business practices, Ponder should have been given an arbitration agreement and that she would have been required to sign it – with the written p...
2022.05.25 Motion for Leave to File SAC 572
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.05.25
Excerpt: ...lely to an allegedly improper transfer of funds from Plaintiff Standard Fiber Investors, LLC to Defendant Gross & Rooney in December 2019. FAC, ¶¶ 16, 23. Plaintiffs now seek leave to file a Second Amended Complaint to add causes of action against a newly identified Defendant, Interiorworx, LLC, relating to two transfers of funds from Plaintiff SFI to Interiorworx in 2014 and 2016. Plaintiffs' counsel states in his declaration that allowing ame...
2022.05.25 Demurrer to SAC 294
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.05.25
Excerpt: ...3) 218 Cal.App.4th 1079, 1102. Defendant's Demurrer to Second Amended Complaint is SUSTAINED WITH LEAVE TO AMEND as to the Eighth Cause of Action for Wrongful Eviction, and is OVERRULED as to the Ninth Cause of Action for Declaratory Relief. The Second Amended Complaint does not allege that Plaintiff has vacated the property, which is an essential element of a wrongful eviction claim. Ginsburg v. Gamson, (2012) 205 Cal.App.4th 873, 900. Defendant...
2022.05.24 Demurrer to FAC 876
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.24
Excerpt: ...ANTS Defendant's request as to item 8. The unopposed demurrer by Defendant City of Burlingame to Plaintiff's “Case Management Conference Statement and First Amended Complaint” is SUSTAINED WITHOUT LEAVE TO AMEND. The Court sustained Defendant's demurrer to the original pleading on two grounds. First, the government claim attached to the Complaint showed that Plaintiff did not file the claim within six months of the accrual of her cause of act...
2022.05.24 Motion for Summary Judgment 104
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.24
Excerpt: ...entitling plaintiff to judgment on the cause of action].) The Complaint alleges six causes of action, but Plaintiff's Separate Statement only addresses five causes of action. Specifically, the Separate Statement fails to address Plaintiff's Second Cause of Action for Breach of Implied in Fact Contract. A separate statement in support of a motion for summary judgment must identify each cause of action and each supporting material fact claimed to b...
2022.05.24 Motion to Strike 104
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.24
Excerpt: ...not filed until more than two years later on July 30, 2021. The Judicial Council adopted California Rules of Court, Emergency Rule 9 though. Rule 9 tolled statutes of limitations for civil causes of action from April 6, 2020 until October 1, 2020. When the six‐month period set forth in Rule 9 is taken into account, Plaintiff's Complaint was timely filed on July 30, 2021. The Court also notes that the motion is procedurally improper. The Court's...
2022.05.24 Motion to Compel Further Responses, for Sanctions 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.24
Excerpt: ...and 50.2 within fourteen (14) days of notice of the Court's order. The request to provide further responses to Interrogatory No. 50.5 is DENIED. Interrogatory No. 12.1 seeks information regarding the identity of witnesses to, or persons with knowledge of, the events in question. In response, Defendant identified “All persons listed within documents provided by MUMBA in response to Plaintiff's First Request for Production.” Mr. Mumba's respons...
2022.05.23 OSC Re Contempt, Motion for Terminating Sanctions 454
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.05.23
Excerpt: ... Serramonte (“Defendant”) for Failure to Arbitrate, is DENIED. On November 21, 2019, the parties entered into a “Stipulation To Submit This Matter To Binding Arbitration” (“Stipulation”). (Liberty Decl., Exh. 1.) The Stipulation was approved by the Court on November 22, 2019 (“Order”). (Ibid.) Plaintiff brings this Motion contending that Defendant failed to participate in binding arbitration pursuant to the Stipulation and Order. ...
2022.05.23 Demurrer to SAC 457
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.05.23
Excerpt: ...tract Plaintiff alleges that Defendant “breached the contract in violation of Section 4 Subsection 2 of the Terms of Use, Section 12 Subsection 2 of the Advertising Policies, and Section 7 Subsection e of the Facebook Platform Terms by cancelling Plaintiff's account when Plaintiff had done nothing to merit such cancellation.” SAC, ¶12. Section 4 Subsection 2 of the Terms of Use provides, in relevant part: If we determine that you have clearl...
2022.05.19 Motion to Set Aside Default, Judgment 191
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.05.19
Excerpt: ...e neglect under Code of Civil Procedure section 473, subdivision (b). According to Defendant, he was not aware of these proceedings because he did not receive a copy of the Complaint. (Corrected Chin Decl., ¶ 5) In light of statements set forth in Defendant's declaration, the Court finds that his motion should be granted pursuant to Code of Civil Procedure section 473.5. That section provides that “When service of a summons has not resulted in...
2022.05.19 Motion to Compel Further Responses 193
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.05.19
Excerpt: ...nd denied as to RFP Nos. 7, 12, 13, 17, and 18. As a threshold matter, Defendant has waived her objections to the RFPs. Plaintiff's RFPs, Set One were served on July 29, 2021 with responses due on October 1, 2021. (Achermann Decl., ¶ 3.) Defendant did not, however, serve her responses on October 1, 2021, and no extension of time to respond was sought by Defendant. (Id., ¶ 4.) Instead, Defendant served her responses on November 5, 2021, 35 days ...
2022.05.19 Motion for Judgment on the Pleadings 987
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.05.19
Excerpt: ... the Court takes judicial notice of the pleadings and docket in that case, which both parties have referenced in their papers. (See Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th 336, 343 [when ruling on a demurrer, a court may take judicial notice of the plaintiffs' prior pleadings and positions in the same action as well as those from prior lawsuits].) The parties appear to agree that the statute of limitations governing Plaintiff...
2022.05.19 Application for Preliminary Injunction 022
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.05.19
Excerpt: ...D DEBORAH CHANG REVOCABLE TRUST; and DOES 1‐20, incluaive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 22‐CIV‐00022 Assigned for All Purposes to Hon. Danny Y. Chou ORDER GRANTING APPLICATION FOR PRELIMINARY INJUNCTION Plaintiff Pacific Gas and Electric Company's (PG&E) Application for Preliminary Injunction re: Court's Order to Show Cause (Application) came for hearing before this Court on May 19, 2022 at 2:00 p.m. All parties appea...
2022.05.18 Motion to Vacate and Set Aside Default Judgment 981
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.05.18
Excerpt: ...denying Shaw‐Owens' motion to vacate judgment pursuant to Code of Civil Procedure Section 473(d) (arguing Shaw‐Owens was never personally served with the Summons and Complaint, and thus the default Judgment is “void” under Sect. 473(d)). With the prior motion having been denied, Defendant asks the Court to set the Judgment aside on equitable grounds, after the time limit for seeking relief under Sect. 473 has elapsed. Although the Court h...
2022.05.18 Motion to Set Aside and Vacate Void Default Judgment 682
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.05.18
Excerpt: ...ndant argues that the amount awarded by the default judgment exceeds the amount sought by Plaintiff's Complaint. Taking judicial notice of the Complaint filed August 14, 2008 as a record of this Court pursuant to Cal. Evidence Code §452(d), it seeks damages in the principal sum of $ 16,918.02, plus interest thereon at the rate often percent (10%) per annum from October 19, 2007, and reasonable attorney's fees and costs. These damages pleaded in ...
2022.05.18 Demurrers to FAC 731
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.05.18
Excerpt: ...aintiff's first cause of action. Plaintiff has explicitly pleaded violation of Civil Code Sections 2924 et seq. Plaintiff is not seeking to enforce Civil Code Section 2924m as a private cause of action – on the contrary, Plaintiff is alleging that Section 2924m does not apply; and it is Defendant that is asserting application of Section 2924m. Plaintiff has adequately alleged that Plaintiff was the highest bidder at auction, and entitled to the...
2022.05.18 Demurrer, Motion for Judgment on the Pleadings 037
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.05.18
Excerpt: ...o the Complaint is SUSTAINED WITH LEAVE TO AMEND as to the cause of action for breach of oral contract, and is otherwise OVERRULED. Defendant's Request for Judicial Notice is GRANTED as to Exhibits B, C, D, E, F and H. The Court may take judicial notice of the existence of judicial opinions and court documents, along with the truth of the results reached, in the documents such as orders, statements of decision, and judgments, but it cannot take j...
2022.05.17 Motion for Leave to File SAC 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.17
Excerpt: ...prejudice and has not misled the other side, even if the request is delayed, the liberal policy of allowing amendments prevails and it is an abuse of discretion to deny leave in such a case even if sought as late as the time of trial. Higgins v. Del Faro (1981) 123 Ca1.App.3d 558, 564‐565. “The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: ‘If the motion to amend is timely made and the grantin...
2022.05.17 Motion to Strike 386
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.17
Excerpt: ...ense counsel's declaration. However, it appears to the Court that the issues regarding “Enhanced Remedies—Willful Misconduct” and the unfinished sentence in paragraph 68 should have been resolved in a meet‐and‐confer process. It appears to the Court that the section entitled “Enhanced Remedies— Willful Misconduct,” which starts at paragraph 69 of the Complaint is meant to be an additional cause of action for intentional conduct. T...
2022.05.17 Motion for Preliminary Approval of FAC and Representative Action Settlement and Provisional Class Certification 700
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.17
Excerpt: ... Settlement is tentatively ruled upon as follows. This Court GRANTS preliminary approval of the Settlement as set forth in the First Amended Joint Stipulation and Settlement Agreement attached as Exhibit 4 to the Declaration of David Bibiyan (“Bibiyan”). On February 3, 2022, this Court filed a written order denying preliminary approval without prejudice and identified issues that the Court wanted addressed. On March 7, 2022, Plaintiffs filed ...
2022.05.17 Motion for Protective Order, to Quash Deposition 774
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.17
Excerpt: ...ity”) is illegally collecting a Utility User Tax because the City Council failed to make the findings every two years required by the measure which enacted the tax that the utility tax is necessary for the financial health of the City. On calendar are multiple dueling motions regarding the scope of discovery, specifically depositions, that plaintiff may take in this case. Plaintiffs have filed motion to compel certain depositions and the City h...
2022.05.13 Motion to Vacate Renewed Judgment, Quash Writs of Execution, for Reconsideration of Claims of Exemption 438
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.05.13
Excerpt: ...Orders Determining Claims of Exemption and Order to Liquidate Securities, is DENIED. Plaintiff fails to establish that the Renewed Judgment is void. Plaintiff contends that the Renewed Judgment entered on August 18, 2021 is void because it was not entered within ten years of the Judgment. Plaintiff claims Judgment was entered on August 12, 2011. As support, Plaintiff relies on a comment entered in the Court's docket on August 12, 2011 that judgme...
2022.05.13 Motion for Summary Judgment 259
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.05.13
Excerpt: ...., Plaintiff's Statement of Additional Disputed Facts (“PF”), Nos. 20, 36‐38, 59, 62, 65‐66, 83‐91, 98. Summary judgment standard. A motion for summary judgment shall be granted if all the papers submitted show there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. Code Civ. Proc. Sect. 437c(c). A defendant has met its burden of showing that a cause of action has no merit if th...
2022.05.13 Demurrer, Motion to Strike 602
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.05.13
Excerpt: ...ependent claim in California for unjust enrichment. Unjust enrichment is synonymous with restitution. Levine v. Blue Shield of Calif. (2010) 189 C.A.4th 1117, 1138. The Demurrer is therefore SUSTAINED with leave to amend as to the eighth cause of action for unjust enrichment. Fraud Defendant argues that fraud is not pleaded with sufficient specificity because “Completely absent from the allegations are any affirmative statements made by Defenda...
2022.05.12 Petition for Review 140
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.05.12
Excerpt: ...ent. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 21‐CIV‐04140 Assigned for All Purposes to Hon. Danny Y. Chou ORDER DENYING PETITION FOR REVIEW Petitioner Savannah J. Phillips was arrested for driving under the influence of alcohol (DUI). (Administrative Record (AR) 61.) Following an administrative hearing in which Phillips presented evidence, the Department of Motor Vehicles (DMV) suspended her driver's license. (AR 3.) Phillips then filed this Peti...
2022.05.12 Motion to Compel Arbitration and Stay Action 624
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.05.12
Excerpt: ...ant to a Retail Installment Sales Contract (Contract). (Keithly Decl., ¶ 2 & ex. A.) The only signatories to the Contract are Sunnyvale Ford and Plaintiff. (See id., ex. A.) Neither FMC nor Towne, which attempted to repair the vehicle as FMC's representative, is 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 (includi...
2022.05.10 Motion for Leave to File Amended Complaint 632
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.10
Excerpt: ...nce per se, and a survival claim. Plaintiff also seeks to add Vaishali Bhardwaj as a defendant. According to the declaration of Plaintiff's counsel, further investigation revealed additional facts relevant to the Complaint after counsel substituted into this case in September 2021. Sachs Decl., ¶ 4. Requests to amend are to be liberally granted. Nestle v. City of Santa Monica (1972) 6 Ca1.3d 920, 939. When amendment would not prejudice and has n...
2022.05.10 Demurrer to FAC 722
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.10
Excerpt: ...cal Rule 3.403 for the April 19, 2022 hearing. The Court SUSTAINS without leave to amend Defendant Twitter, Inc.'s demurrer to the complaint. The Court GRANTS Defendant's Request for Judicial Notice: Pursuant to Evidence Code §452(d), the Court may take judicial notice of court records, but only as to the fact that these documents were filed in the federal court in a case by Plaintiff against Defendant and not the contents therein, which are hea...
2022.05.09 Motion to Compel Release of Cell Phone Records 067
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.05.09
Excerpt: ...e motion to compel Plaintiff to sign a release authorizing production of cell phone records on October 15, 2020. Yakubova Decl., ¶3. Plaintiff argues that while the parties did attend an IDC, that was for disclosure of records for Plaintiff's phone number (650) 518‐ 4905, and did not concern the release of records associated with the phone numbers which are subject to the present motion, [650‐630‐7711; 650‐ 267‐9474; 650‐278‐0531; ...
2022.05.09 Motion to Amend Complaint 379
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.05.09
Excerpt: ...Court's task is to determine whether the Certificates (under seal) contain “one or more facts corroborative of one or more of the charging allegations against a defendant or defendants . . . .” (Code of Civ. Proc. § 340.1, subd. (m)(1).) Plaintiff's Certificate of Corroboration as to Defendant Doe 2 sets forth facts describing Plaintiff's attendance at Doe 1 recreational activities, where Plaintiff was supervised by Doe 2. The Certificate de...
2022.05.05 Demurrer 147
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.05.05
Excerpt: ...NED WITHOUT LEAVE TO AMEND. Defendants demur to the Second Cause of Action for Tortious Interference with Contractual Relations and the Third Cause of Action for Intentional Interference with Prospective Economic Advantage on the ground that Plaintiff failed to state facts sufficient to support a claim. The Court agrees. “California recognizes a cause of action against noncontracting parties who interfere with the performance of a contract. ‘...
2022.05.04 Demurrer 568
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.05.04
Excerpt: ...ments or the matters asserted therein, pursuant to Evidence Code section 452(h). First, Defendants fail to establish that the Complaint is barred by the statute of limitations under Commercial Code section 3118(b). This statute of limitations provides that “if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note shall be commenced within six years after the demand.�...
2022.05.03 Motion to Compel Further Responses, for Monetary Sanctions 726
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.03
Excerpt: ... against Defendant Social Concepts Inc. is GRANTED. The Court GRANTS Plaintiff's and Defendant's Requests for Judicial Notice. Document Request Defendant has withdrawn its attorney‐client and work product objections. Declaration of Donald F. Drummond in Opposition to Motion to Compel and in Support of Motion for Protective Order ¶ 3. The Court overrules the objection that the request seeks documents that are not material or reasonably calculat...
2022.05.03 Motion for Summary Judgment, Adjudication 543
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.03
Excerpt: ... about January 10, 2022. Plaintiff American Express Bank's Motion for Summary Judgment, filed 1‐11‐22, is GRANTED. Code Civ. Proc. Sect. 437c. Plaintiff's alternative Motion for Summary Adjudication is therefore DENIED AS MOOT. Having reviewed the parties' briefing and evidence, the Court finds that Plaintiff met its initial burden of presenting evidence demonstrating that Defendant Lilia Rodriguez: (a) entered into a credit card agreement wi...
2022.05.03 Motion for Discharge and Dismissal 690
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.05.03
Excerpt: ...) First, the court determines whether plaintiff may bring the action and force the claimants to interplead. (Id. at 1126‐1127.) Second, if it is so determined, then the court discharges plaintiff and then determines the rights of the various claimants to the property deposited with the court. (Id. at 1127.) Plaintiff presents evidence to support that it is a mere stakeholder that has no interest in the $64,500 funds that it seeks to interplead,...
2022.04.28 Motion to Tax Costs 009
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.04.28
Excerpt: ...ded $900 in filing fees from San Mateo Superior Court Case No. 19PRO00851 (hereinafter, the Probate Action). Defendant provides no authority to support an award of costs incurred in the Probate Action in this independent civil action. Indeed, nothing, including this Court's ruling on this Motion, appears to preclude Defendant from seeking these costs in the Probate Action, and Defendant does not argue otherwise. Therefore, the $900 in costs incur...
2022.04.28 Motion to Set Aside Default, Judgment 557
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.04.28
Excerpt: ...o a party in time to defend against the action and a default has been entered. (Code Civ. Proc., § 473.5.) Defendant's motion under this section has been timely brought. (See id., § 473.5, subd. (a).) Defendant also establishes that his lack of actual notice was not based on his avoidance of service or inexcusable neglect. (See Def. Decl.) Defendant has therefore established that he is entitled to relief under Code of Civil Procedure section 47...
2022.04.28 Motion to Compel Further Responses 360
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.04.28
Excerpt: ...ving reviewed the parties' briefing, the Court finds Plaintiff's meet and confer efforts have been sufficient and therefore addresses the merits of their discovery dispute. As to Special Interrogatory No. 14, the motion is GRANTED. That Interrogatory asks GM to identify the persons who performed warranty repairs on Plaintiff's vehicle. While the service advisors identified by GM appear to be responsive and helpful, the identity of the service tec...
2022.04.26 Motion to Strike 254
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.26
Excerpt: ...tion to strike the “conspiracy” allegations from the SAC, Para. 50 and 51, is DENIED. The motion argues the conspiracy allegations are improper because the SAC does not properly plead fraud or elder abuse against the Luthra Defendants. It also argues the Luthras owed no “duty” to the Plaintiff, and therefore, cannot be held liable for “conspiracy.” The authority cited for that proposition, however, appears distinguishable. The Court i...
2022.04.26 Demurrer to SAC 254
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.26
Excerpt: ...mur to the SAC's First, Second, Fourth, and Fifth Causes of Action (alleging “cancellation of instruments,” fraud, financial elder abuse, and violation of Bus. & Prof. Code Sect. 17200). The SAC generally alleges that the Luthra Defendants, together with the Love/Williams/Omega Defendants, participated in a fraudulent scheme/plan to damage Plaintiff by arranging a purchase of Plaintiff's Millbrae property in which (a) all Defendants would rec...
2022.04.26 Demurrer 474
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.26
Excerpt: ... on failure to state facts sufficient to support this claim. Government Code section 835 provides for liability of a dangerous condition of public property by a public entity. First, the County asserts that Plaintiffs has not pled facts to support its liability under either section 835(a) or (b). Plaintiffs allege facts sufficient to support that the County had actual notice under section 835(b) to support this claim though. In order to sufficien...
2022.04.22 Motion to Compel Further Responses 498
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.04.22
Excerpt: ...ories (General), Form Interrogatories (Employment), and Special Interrogatories, filed 1‐27‐22, which includes a request for monetary sanctions against Plaintiff and Plaintiff's counsel, is GRANTED‐IN‐PART and DENIED‐IN‐PART, as set forth below. Defendant's requests for monetary sanctions is DENIED. Local Rule 3.700(f) states: Tolling of Deadline to File Motion. Pursuant to [CCP] 2016.080(c)(2), the time for bringing any motion to com...
2022.04.22 Demurrer 055
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.04.22
Excerpt: ...were survivors of persons who were killed in Israel by members of Hamas. The plaintiffs alleged that Facebook was liable for “giving Hamas a forum with which to communicate and for actively bringing Hamas' message to interested parties.” Like Plaintiff Forrest, the plaintiffs in Force alleged that Facebook “does not act as a publisher,” because “it uses algorithms to suggest content to users, resulting in ‘matchmaking.'” The Court o...
2022.04.20 Motion for Summary Judgment, Adjudication 572
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.04.20
Excerpt: ...irst Amended Complaint (“FAC”) by Plaintiffs Standard Fiber Investors, LLC (“SFI”) and Standard Fiber, LLC (“SF”), is ruled on as follows: (1) Before reaching the merits of this Motion, the parties disagree on whether Utah or California law applies to the claims alleged in the FAC. Defendants claim that Plaintiffs have admitted that Utah law controls with regard to ownership of the funds because the account is located in Utah, but Def...
2022.04.20 Motion for Preliminary Injunction 615
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.04.20
Excerpt: ...provides compelling evidence contradicting Plaintiff's position regarding former Harmonize employee Sylvain Ntwali's alleged access of documents and information contained in Exhs. NN, OO, PP, and YY that Plaintiff claims as trade secrets in September 2021. Zhao Decl. at ¶¶49‐53. Additionally, the Cashman Decl., Exh. 1, casts a different light on the “Harmonize Sales Pipeline” document that Defendants maintain is evidence of improper acces...
2022.04.19 Petition for Writ of Mandate 368
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.19
Excerpt: ...ce of Administrative Hearings and Department of Developmental Services and Real Party in Inter Golden Gate Regional Center (“GGRC”), which denied that she was eligible for services under the Lanterman Developmental Disabilities Act. On February 4, 2022, Vivian filed her opening brief, on March 4, 2022, GGRC filed its opposition brief, and on March 21, 2022, Vivian filed her reply brief. The parties filed a Joint Submission of Record. PROCEDUR...
2022.04.19 Demurrer to TAC 895
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.19
Excerpt: ...s. Claim preclusion arises if a second suit involves (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit. Finley and McGuire, California Summary Judgment and Related Termination Motions |August 2021 Update, § 2:63, citing Kim v. Reins International California, Inc. (2020) 9 Cal. 5th 73. It is undisputed that the California State Personnel Board (SPB) issued an order on December 13,...
2022.04.19 Demurrer to FAC 722
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.19
Excerpt: ...a case by Plaintiff against Defendant and not the contents therein, which are hearsay in the present action. “The court cannot accept as true the contents of pleadings … in the other action just because they are part of the court record of file. Such documents are inadmissible hearsay in the present case.” Weil & Brown, Cal. Practice Guide, California Civil Procedure Before Trial (TRG 2021) ¶7:15.1, citing Day v. Sharp (1975) 50 Cal.App.3d...
2022.04.18 Motion to Compel Compliance 052
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.18
Excerpt: ... the attorney's client and the third party, the disclosure must be reasonably necessary to achieve the purpose for which the attorney was retained, and the disclosure must have been with a reasonable expectation that the disclosed material remain confidential. 1. The Parties Must Have a Common Legal Interest. “Common interest” has never been defined, but cases imply that it means more than “common goal” or “common hope.” Instead, it m...
2022.04.18 Motion for Summary Judgment 081
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.18
Excerpt: ... that “the Premises is not subject to the just‐cause nor relocation assistance requirements contained in Civil Code section 1946.2 because of Landlord's compliance under Civil Code section 1946.2(e)(8).” Complaint, Ex.2, p.1. According to Defendant, however, the Notice violates the Act because “Plaintiff has never provided Defendant with written notice that the Premises is exempt from the TPA,” as required under Civil Code § 1946.2(e)(...
2022.04.18 Motion for Leave to File Complaint 643
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.18
Excerpt: ...proposed Cross‐Complaint is compulsory because the causes of action arise out of the same transactions or occurrences as the causes of action in the Complaint. (See C.C.P. § 426.10(c); see also ZF Micro Devices, Inc. v. TAT Capital Partners, Ltd. (2016) 5 Cal.App.5th 69, 82‐84.) The allegations in the proposed Cross‐ Complaint concern Plaintiff Mehrdad Elie's (“Plaintiff”) investment for which Defendants claim Plaintiff is improperly d...
2022.04.15 Motion to Compel Further Responses 052
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.04.15
Excerpt: ... 2023.030 BY DEFENDANTS HAYLEY ZEMEL AND ERIK VAN WALDEN TENTATIVE RULING: Defendants' unopposed motion to compel further responses to form interrogatories, special interrogatories, requests for admission, and requests for production is GRANTED, in part, and DENIED, in part, for the reasons set forth below. Defendants' motion to compel Plaintiff's attendance at an oral deposition is DENIED without prejudice to Defendants' ability to re‐notice P...
2022.04.14 Motion to Strike Exemplary Damages Allegations 408
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.04.14
Excerpt: ...d have been filed as separate documents. (See Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2021) § 7:162.1.) Therefore, Defendant is advised to do so in the future. The Demurrer to the Exemplary Damages Allegations is OVERRULED. Defendant contends the Exemplary Damages Attachment fails to state facts sufficient to constitute a cause of action. However, this Attachment only seeks additional damages (see Compl., Exempl...
2022.04.14 Demurrer 408
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.04.14
Excerpt: ...te documents. (See Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2021) § 7:162.1.) Therefore, Defendant is advised to do so in the future. The Demurrer to the Exemplary Damages Allegations is OVERRULED. Defendant contends the Exemplary Damages Attachment fails to state facts sufficient to constitute a cause of action. However, this Attachment only seeks additional damages (see Compl., Exemplary Damages Attachment) and...
2022.04.13 Motion for Summary Judgment, Adjudication 490
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.04.13
Excerpt: ...stablishing that it is entitled to summary judgment. Plaintiff's Motion for Summary Adjudication to the open book account claim is GRANTED. Plaintiff presents evidence to establish all the elements of an open book account claim for $2,884.84. (See Plaintiff's Statement of Undisputed Material Facts nos. 1, 3, 4, 6, 7; see also Dorr Decl. ¶ 11.) Defendant Michael Delacruz failed to oppose this motion, and therefore fails to raise a triable issue o...
2022.04.12 Motion for Final Approval of Class Action Settlement 660
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.12
Excerpt: ...d March 21, 2022 has the Court making a finding that the Settlement was entered into in good faith pursuant to Code of Civil Procedure § 877.6, proposed order at 2, when the memorandum of points and authorities does not discuss any of the factors that the Court must consider under Tech‐Bilt, Inc. v. Woodward‐Clyde & Assocs. (1985) 38 Cal.3d 488, to find a good faith settlement. Background This is a PAGA and putative class action regarding ov...
2022.04.12 Demurrer 901
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.12
Excerpt: ...teenth affirmative defense provides: “As a separate and affirmative defense, defendants contend that plaintiffs' complaint, each cause of action thereof and/or remedies sought are barred by the doctrine of estoppel.” SAA, ¶ 14. As noted by Plaintiffs, the answer must aver facts “as carefully and with as much detail as the facts which constitute the cause of action and which are alleged in the complaint.” Weil & Brown, Cal. Prac. Guide Ci...
2022.04.11 Motion for Scheduling Preference 833
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.11
Excerpt: ...eration fails to comply with section 1008 lacks merit. This is not a motion for reconsideration under Code of Civil Procedure section 1008, subdivision (a). It is a renewed motion under subdivision (b), which requires showing “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code of Civ. Proc. § 1008, subd. (b).) In a...
2022.04.11 Demurrer to FAC 238
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.11
Excerpt: ... Judicial Notice is GRANTED. (2) Demurrer to the First Cause of Action for Negligence, Second Cause of Action for Premises Liability and Fifth Cause of Action for Negligent Infliction of Emotional Distress by Jared is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant demurs that these claims fail because Jared has not and cannot allege compliance with the Government Claims Act. (See Defendant's Request for Judicial Notice, Exh. A.) Jared concedes in op...
2022.04.11 Motion to Expunge Notice of Pending Action 023
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.04.11
Excerpt: ...dens recorded 1‐31‐22. As alleged in the Complaint and not disputed, BG purchased the property in foreclosure. Plaintiffs' Complaint does not name BG as a defendant. There is no allegation BG is related to the named defendants, or that BG engaged in any wrongdoing relating to the sale. BG is merely the buyer. BG intervened in the case for purpose of filing the present motion to expunge the lis pendens. The parties dispute BG's claimed status ...
2022.04.08 Special Motion to Strike SAC 470
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.04.08
Excerpt: ...'s Second Amended Complaint on the grounds that Plaintiff has “padded the complaint with a meritless tort claim and an unjust enrichment claim based on Defendant's counsel's communications.” MPA, p.2. Defendant notes that, “From the date of October 26, 2020 forward, the [parties'] attorneys communicated exchanging their relative positions and settlement positions as to the disputed Employment Agreement and enforceability of the document and...
2022.04.08 Motion to Compel Further Responses 888
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.04.08
Excerpt: ...R REVOCABLE TRUST DATED JUNE 12, 2014 TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses to Special Interrogatories is GRANTED in part pursuant to Cal. Code of Civ. Proc. § 2030.300(a). Defendants Saeed Amidi and Rahim Amidhozour are hereby ordered to produce further written, verified responses, without objections, to Special Interrogatories (Set One) number 16. Defendant Amidi, LLC is hereby ordered to produce further, written, ve...
2022.04.08 Demurrer 512
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.04.08
Excerpt: ... 8.54(c) (“A failure to oppose a motion may be deemed a consent to the granting of the motion.”). With the possible exception of the Seventh Cause of Action (alleging fraud), all asserted claims (the First Cause of Action (professional negligence), the Second Cause of Action (negligence); the Third Cause of Action (breach of fiduciary duty), the Fourth Cause of Action (conversion), the Fifth Cause of Action (IIED), the Sixth Cause of Action (...
2022.04.07 Motion for Summary Judgment, Adjudication 763
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.04.07
Excerpt: ...p.m. Nelson Goodell appeared on behalf of Plaintiff Laura Blue. Samantha Chugh and Terry Bates appeared on behalf of Defendants. Having considered all papers filed in support of and in opposition to the Motion, oral arguments of the parties, all testimony and evidence presented at the hearing, and all other pleadings and papers on file herein, the Court DENIES the Motion. I. LEGAL STANDARD “ ‘ “To secure summary judgment, a moving defendant...
2022.04.05 Petition for Writ of Mandate 179
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.05
Excerpt: ...ns received or generated from November 1, 2020 to present, relating to the management” of Respondent's open spaces and the Parks and Recreation and Open Space Management Plan. Exhibit 1 to the Declaration of Scott Rennie in support of Respondent's Opposition filed January 28, 2022 (“Rennie Decl.). On March 19, 2021, Respondent informed Petitioner that it needed more time to review documents. On April 1, 2021, Respondent determined that there ...
2022.04.05 Motion to Reopen Discovery 584
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.05
Excerpt: ...in this case DENIES Plaintiff's motion to reopen discovery for the reasons set forth below. Plaintiff filed this action in September 2019, and the case was initially set for trial in December 2020. Due to the Covid‐19 pandemic, trial was continued to January 26, 2022. Plaintiff served an Expert Witness Disclosure on Defendants on December 6, 2022. Liang Decl.. ¶ 6; Ex. C. Plaintiff's current counsel, Sam Fareed, was substituted into this case ...
2022.04.05 Motion for Sanctions 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.04.05
Excerpt: ...Motion tentative rulings. For the reasons stated below, having reviewed the parties' briefing and supporting evidence, and in exercise of the Court's discretion, the Court hereby DENIES Petitioners Coalition of Pacificans for an Undated Plan et. al.'s (“Petitioners”) Motion for Sanctions, filed 2‐7‐22. Code Civ. Proc. Sects. 128.5, 128.7. Petitioners seek sanctions against Real Parties in Interest Javier Chavarria (“Chavarria”) and Vi...
2022.03.30 Motion for Judgment on the Pleadings 391
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.03.30
Excerpt: ... 439. The statutory “meet and confer” requirement requires that the party filing a motion for judgment on the pleadings must meet and confer with the opposing party in‐person or by telephone. Section 439(a)(3) requires a declaration identifying “the means by which the moving party met and conferred …” The Le Roux Declaration does not comply with the statute. Second, Plaintiff/Petitioner filed a Notice of Appeal seeking trial de novo r...
2022.03.29 Demurrer 254
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.03.29
Excerpt: ... to demonstrate that there are additional facts, which would state a cause of action, the Court finds that based upon the facts previously alleged and the omissions from the original complaint, which were omitted in the First and Second Amended Complaints, further amendment would be futile. (See Weil & Brown, California Practice Guide: Civil Procedure Before Trial §7:129 (TRG 2021) (Although leave to amend is routinely granted, it is proper to d...
2022.03.29 Petition to Compel Arbitration 974
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.03.29
Excerpt: ...t to arbitrate these claims exists. Instead, Plaintiff claims that the arbitration agreement is unconscionable because Defendant put the onus on Plaintiff, as the employee, to opt out of the arbitration agreement. The party opposing arbitration has the burden of proving that the arbitration provision is unconscionable. (Ajamian v. CantorCO2e, L.P. (2012) 203 Cal.App.4th 771, 795.) Unconscionability has both a procedural and substantive element, a...
2022.03.29 Demurrers 020
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.03.29
Excerpt: ...es of action. See Weil & Brown, California Practice Guide: Civil Procedure Before Trial §7:129 (TRG 2021) (Although leave to amend is routinely granted, it is proper to deny amendment when the complaint shows on its face that it is incapable of being amended.). After the Court sustained the Scopazzi Defendants demurrer to the Second Amended Complaint finding that there were no facts alleged which demonstrated justifiable reliance on the alleged ...
2022.03.28 Motion to Vacate Judgment and Set Aside Default Judgment 103
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.28
Excerpt: ...er properly served. Specifically, he contends he did not live at the stated Redwood City address at the time of alleged service. Defendant also contends that at the time of alleged service, he was not living with “Mary Tuiaki,” the person identified in the Proof of Service as Defendant's “co‐tenant,” to whom copies of the Summons and Complaint were allegedly handed. Defendant states he did not receive actual notice of the Judgment until...
2022.03.28 Motion for Summary of Judgment, Adjudication 490
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.28
Excerpt: ...mon counts based on: (1) an open book, (2) an account stated, and (3) goods sold and delivered. However, Plaintiff's MPA in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.5‐7) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that Plaintif...
2022.03.25 Motion to Confirm Arbitration 063
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.03.25
Excerpt: ...ties on July 24, 2011 and modified October 3, 2018 to include binding arbitration of any dispute. Browning Decl., ¶6, Exh. E. The Findings and Award indicate that Respondent was properly served with the Demand to Appear at Mediation and Arbitration, Notice of Demand for Arbitration, Notice to Attend Hearing, and Claimant's Arbitration Brief. Id., at item 9. It also indicates that Respondent is liable for and shall pay to Claimant compensatory da...
2022.03.24 Motion to Quash Service of Summons 132
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.03.24
Excerpt: ... the matters specified in Code of Civil Procedure section 1179.11. (See Code of Civ. Proc., § 1179.11, subd. (a).) Consistent with this requirement, Plaintiff's Cover Sheet states that “Plaintiff has not received a communication from the defendant that defendant has applied for governmental rental assistance to cover the rent or other financial obligations demanded from the defendant in this action.” (Plaintiff's Mandatory Cover Sheet and Su...
2022.03.24 Motion for Judgment on the Pleadings 212
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.03.24
Excerpt: ..., the Court granted Plaintiff's motion to deem facts admitted. As result, Defendant has admitted the following facts: (1) she applied for a credit card with Plaintiff; (2) she accepted Plaintiff's invitation to open a credit card account with the number ending in 8176; (3) she received a card with that number; (4) she received a customer agreement with the card; (5) the agreement provided that, by using the card, she agreed to be bound by the ter...
2022.03.22 Motion for Protective Order 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.03.22
Excerpt: ...n Lei's Asset Disclosure Exhibit A containing a list of Ms. Lei's real properties in London and Macau; (2) those portions of Ms. Lei's Asset Disclosure Exhibit B, containing a list of Ms. Lei's bank or financial accounts; (3) those portions of Ms. Lei's Asset Disclosure Exhibit C, containing a list of Ms. Lei's personal property valued at over $10,000; and (4) those portions of Kei Leung's document production containing Mr. Leung's financial docu...
2022.03.22 Motion for Approval of PAGA Settlement 695
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.03.22
Excerpt: ... the complaint within ten days after this action was commenced. (See Labor Code section 2699(l)(1). The Court does not see evidence that the complaint was filed with LWDA within that ten day period. Second, the parties shall explain why they decided to have any uncashed checks escheat to the general fund rather than select a cy pres recipient whose mission is to fulfill the purposes of PAGA. Third, it is unclear the amount Plaintiff is seeking fo...
2022.03.22 Demurrer 228
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.03.22
Excerpt: ...losed: Plaintiff Michael D. Liberty and I previously worked at the same law firm until Mr. Liberty left the firm over 20 years ago and were co‐counsel on at least one matter over five years ago. While we were colleagues, we socialized on occasion at firm functions. More recently, Mr. Liberty was opposing counsel on a matter I was handling just before my appointment to the bench. I do not believe I have socialized with Mr. Liberty for at least 8...
2022.03.21 Motion for Preliminary Injunction 695
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.03.21
Excerpt: ... the merits at trial (Robbins v. Superior Court (1985) 38 Cal.3d 199, 206) and (2) the interim harm that the plaintiff is likely to sustain if the injunction were denied as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued. (Shoemaker v. County of Los Angeles (1995) 37 Cal.App.4th 618, 624–625.) Mandatory preliminary injunctions are “rarely granted.” The granting of a mandatory injunction ...

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