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2021.05.10 Motion to Quash Subpoena 183
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.05.10
Excerpt: ...ompel Compliance. This discovery dispute arises from a New York personal injury action titled Louis Christophides and Cara Christophides v. Subaru Distributors Corp., New York State Supreme Court, Orange County, Case No. 004941/2018. The subpoenas seek discovery of the contents of the Facebook and Instagram accounts of the Plaintiffs in the New York action. On April 30, 2020, the Supreme Court of the State of New York, Orange County, issued an or...
2021.05.10 Demurrer 430
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.05.10
Excerpt: ...gal Contract is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support this claim and uncertainty. Plaintiffs assert that Defendant failed to comply with Business and Professions Code section 7159 and thus the contract is void. (Complaint ¶ 21.) It is unclear what claim Plaintiffs are attempting to allege though, as they fail to offer any authority to support that a claim for “Illegal Contract” exists. Further, ...
2021.05.10 Demurrer 252
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.05.10
Excerpt: ...tated below. First, all six asserted claims are uncertain because they do not identify, with sufficient clarity, the specific plaintiff(s) asserting each claim and the specific defendant(s) against whom each claim is asserted. Code Civ. Proc. Sect. 430.10(f); CRC 2.112 (each cause of action shall identify the plaintiff(s) asserting it and the defendant(s) against whom it is asserted). This should be made explicit. CRC 2.112. Further, given that t...
2021.05.10 Motion to Compel Arbitration and Stay Proceedings 276
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.05.10
Excerpt: ...the evidence, and that Plaintiff's claims are governed by the agreement. The arbitration provision at issue, which was contained in the parties' Employee Proprietary Information and Inventions Assignment Agreement, provides as follows: Any dispute, controversy or claim arising out of or relating to either: (a) this Agreement, its enforcement, arbitrability or interpretation, or because of an alleged breach, default, or misrepresentation in connec...
2021.05.07 Motion to Compel Production of Docs 346
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.05.07
Excerpt: ...guing that the documents sought in these Requests are directly relevant to this litigation, and none of Defendant's objections have merit. Thus, where a demanding party deems that an objection to a response is without merit, the demanding party may move for an order compelling further response to the demand. (Code of Civ. Proc. § 2031.310(a)(3).) Thus, the Court treats this Motion as a Motion to Compel Further Responses to Request for Production...
2021.05.07 Motion in Equity to Vacate Default, Judgment 738
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.05.07
Excerpt: ...uires service on an a competent member of the household, followed by a mailing to the defendant at the same address. The Proof of Service, filed September 8, 2014, shows that the summons and cross‐complaint were left with Stacey Pierce at Cross‐ defendant's residence, and the papers were mailed to Cross‐defendant at that address on August 28, 2014. Service was complete 10 days after mailing. (Code of Civ. Proc. Sect. 415.20, subd. (a).) Tha...
2021.05.07 Demurrer 342
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.05.07
Excerpt: ...iled his original Petition in this matter (12‐1‐20 Petition) seeking a Writ of Mandamus that would have directed Respondent police department to issue a “Certificate of Detention” following Petitioner's arrest and release, pursuant to Pen. Code Sects. 849.5, 851.6. The original Petition was apparently rendered moot by Respondent's subsequent issuance of the requested Certificate. Petitioner thereafter filed, on 2‐25‐21, the operative ...
2021.05.06 Motion to Appoint Receiver 267
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.05.06
Excerpt: ...EJUDICE. Judgment Creditor indicates that it discovered various “akas” for Judgment Debtor Maher Abudamous (Judgment Debtor) and filed a Declaration of Identity (Declaration) identifying these “akas.” As a threshold matter, however, this Declaration violates Rule 1.201(a)(1) of the California Rules of Court. It is therefore STRICKEN on the Court's own motion. Accordingly, the clerk of the court is ORDERED to remove the Declaration of Iden...
2021.05.06 Motion for Judgment on the Pleadings 426
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.05.06
Excerpt: ...ial Notice is GRANTED. (Evid. Code, § 452, subds. (d) & (h).) Both parties refer to the plan documents in their briefs, and Plaintiff California Spine and Neurosurgery Institute (Plaintiff) does not oppose the Request for Judicial Notice. (See StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn.9.) A. First Cause of Action – Promissory Estoppel Defendant's motion for judgment on the pleadings as to Plaintiff's first cause of action...
2021.05.05 Motion for Leave to File FAC 051
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.05.05
Excerpt: ...ff failed to comply with the requirements of CRC Rule 3.1324(b). Second, Plaintiff has failed to allege a viable cause of action in the proposed amendments. Plaintiff alleges that he tripped and fell, and sustained personal injuries, while waling on the pedestrian walkway at his apartment complex. His existing complaint alleges negligence and premises liability. Plaintiff now seeks to asserts that he suffers from diabetic neuropathy and that his ...
2021.05.05 Demurrer 321
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.05.05
Excerpt: ...ants shall file and serve their First Amended Cross‐Complaint on or before June 1, 2021. As to the first cross‐cause of action for abuse of process, such a claim is the willful act in the use of process not proper in the regular conduct of the proceeding. (Oren Royal Oaks Venture v. Greenberg, Bernhard, Weiss & Karma, Inc. (1986) 42 Cal.3d 1157, 1168.) Further, “merely obtaining or seeking process is not enough; there must be subsequent abu...
2021.05.05 Motion to Compel Further Responses 501
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.05.05
Excerpt: ...irst Set of Requests for Production of Documents, Request No. 4, is GRANTED IN PART AND DENIED IN PART. The requests for judicial notice are DENIED as irrelevant. Requests for fees are DENIED. In its written response to Request #4, Sun Valley Partners LLC make dozens and dozens of evidentiary objections – on every conceivable basis, whether or not meritorious or applicable. No privilege log was served. As part of the “meet and confer” proce...
2021.05.05 Motion to Strike 321
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.05.05
Excerpt: ...led beyond the statutory 60‐day deadline, the Court exercises its discretion to rule on the motion. Code of Civ. Proc. Section 425.16(f.) Cross‐ defendants Atulya Velivelli's and Aditya Velivelli's special motion to strike the third cause of action from the Cross‐complaint fails to make a prima facie showing under prong one of the SLAPP statutes, Code of Civil Procedure Section 425.16, that the cause of action arises from protected speech o...
2021.05.03 Demurrer 145
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.05.03
Excerpt: ...ell as Plaintiff's amended opposition, filed April 19, in which Plaintiff claims that Defendants did not meet and confer in good faith. Plaintiff alleges a breach of his lease based on the claim that he had an “indefinite and perpetual” lease term that Defendants could not terminate. Complaint, ¶ 36. As alleged in the Complaint, however, the lease specified a one‐year term and stated that a 60‐day notice could be used to terminate the le...
2021.04.30 Motion to Transfer Venue 641
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.04.30
Excerpt: ... to Sect. 397(c), Cirrus requests a venue transfer to the Sonoma County Superior Court, which is near the subject airplane crash site, on grounds that twelve (12) non‐party witnesses (4 eye‐witnesses and 8 first responders) live in or near Sonoma County and have signed declarations stating they would be inconvenienced by having to travel about 85 miles to Redwood City to testify at trial. See Sect. 397(c) (the Court may transfer venue “when...
2021.04.30 Motion for Appointment of Discovery Referee 161
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.04.30
Excerpt: ...t prejudice for the reasons set forth below. Plaintiff seeks the appointment of a discovery referee to preside over the remaining depositions in this case, in light of the fact that Plaintiff has attempted to complete the deposition of Defendant Orhan Tolu on three separate occasions. The gravamen of the parties' dispute concerns Plaintiff's counsel's questions relating to a $50,000 check issued by Defendant Tolu, and defense counsel's invocation...
2021.04.28 Motion to Lift Stay Pending Arbitration 997
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.04.28
Excerpt: ...The case will be set for Case Management and Trial Setting Conference. This case was filed in January 2016. In January 2017, after participation in mediation, the parties allegedly agreed to sale of the disputed property and to participate in arbitration on remaining issue of accounting. The alleged settlement stipulation of the parties was NOT provided to the Court or filed in this action. There is only a joint ex parte request by counsel for th...
2021.04.26 Motion to Strike or Quash Untimely Doe Amendments 581
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.04.26
Excerpt: ...), DEBORAH SULLIVAN(DOE 18), KAREN FITZGERALD(DOE 19) AND GREGORY D. HANSEN(DOE 30) TENTATIVE RULING: The Court grants Defendants' Request for Judicial Notice as to all 31 matters. The Motion to Strike, filed by Defendants MAINS, SLOAN, SHREWSBERRY, FRANCESCONI, WT CAPITAL LENDERS SERVICES, BERG, POWELL, NUNEZ, WELLS FARGO & CO., SULLIVAN, FITZGERALD, and HANSEN is DENIED. The 12 moving defendants were substituted into this matter in place of Doe...
2021.04.26 Demurrer 581
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.04.26
Excerpt: ...DOE 19) AND GREGORY D. HANSEN(DOE 30) TENTATIVE RULING: A. The Complaint Fails to State any Cause of Action against the DEMURRING DEFENDANTS. The demurrers by Defendants MAINS, SLOAN, SHREWSBERRY, FRANCESCONI, WT CAPITAL LENDERS SERVICES, BERG, POWELL, NUNEZ, WELLS FARGO & CO., SULLIVAN, FITZGERALD, and HANSEN to the seventh and eighth causes of action are sustained. Neither the seventh nor eighth cause of action alleges any wrongful acts by thes...
2021.04.23 Motion to Vacate or Set Aside Default 388
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.04.23
Excerpt: ...t on the basis of extrinsic mistake. Defendant filed this motion to set aside default more than six months after the default and default judgment were entered. Accordingly, relief under CCP § 473(b) is not available to Defendant. The Court, however, may set aside default on the basis of extrinsic fraud or mistake pursuant to its equitable powers. In order to obtain relief under the Court's equitable power, Defendant must demonstrate (1) a merito...
2021.04.23 Motion to Strike 845
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.04.23
Excerpt: ...d below. Code Civ. Proc. Sect. 436. In sustaining Putnam's Demurrer to Nissan's Second Amended CrossComplaint (2ACC), the Court concluded that the 2ACC did not allege a valid liquidated damages clause. See 11‐12‐20 Order (signed 11‐9‐20). The allegations in Nissan's 3ACC largely track the allegations from the 2ACC, with some minor additions, including the following Parag. 9: “The Repayment Provision was included in the FI Agreement beca...
2021.04.23 Demurrer 845
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.04.23
Excerpt: ...c.'s Third Amended Cross‐Complaint (3ACC) is OVERRULED, for the reasons stated below. Code Civ. Proc. Sect. 430.10(e). Putnam has not shown Nissan's breach of contract claim to be time‐barred on its face Putnam first argues Nissan's breach of contract claim is time‐barred under California's four‐year statute of limitations. Code Civ. Proc. Sect. 337. Putnam made this identical argument in the context of its previous demurrer to Nissan's 2...
2021.04.22 Motion to Strike, Request for Sanctions 600
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.04.22
Excerpt: ...ntered in Case No. 19‐CIV‐06527, it does not appear that Plaintiff may be subject to a prefiling order before being found to be a vexatious litigant. (See Hupp v. Solera Oak Valley Greens Assn. (2017) 12 Cal.App.5th 1300, 1318‐1319 [refusing to dismiss claims filed by nonvexatious litigant even though nonvexatious litigant alleged claims similar to claims alleged by co‐ plaintiff who was a vexatious litigant and was the mother of the vexa...
2021.04.22 Motion to Compel Discovery Responses and Deposition Testimony 118
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.04.22
Excerpt: ...nia Rules of Court – which states that “If the response to a particular discovery request is dependent on the response given to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary are based on the response to some other discovery request, the other request and the response to it must be set forth . . . .” Regarding Form Interrogatory 17.1, Defendants' Separate Statement does ...
2021.04.22 Motion for Leave to Conduct Discovery 531
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.04.22
Excerpt: ...habilitation Plan and the individual who verified Petitioner's ex parte conservator application. Respondent also seeks the production of documents covering four topics relating to Petitioner's decision to pursue a conservatorship and Rehabilitation Plan and the grounds for those decision. Finally, Respondent seeks to depose the person most knowledgeable (PMK) of those four topics. Petitioner does not challenge Respondent's right to receive docume...
2021.04.21 Special Motion to Strike 261
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.04.21
Excerpt: ..., seventh, and eighth cross‐causes of action; and is GRANTED as to the ninth cross‐cause of action. Third through Eighth Causes of Action Sayad attacks the cross‐claims against him for indemnity, declaratory relief, apportionment of fault, and contribution – all based upon the theory that Sayad and Gachot were co‐counsel for the client Montgomery Sansome and that Sayad committed attorney malpractice in regards to the underlying litigati...
2021.04.21 Demurrer 980
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.04.21
Excerpt: ...udicial notice” and the Court can consider all filings in this action. Tolu's objection that the demurrer is untimely is OVERRULED. First, it appears Tolu served the Fourth Amended Complaint on Naber personally, but not on Naber's counsel of record – as discussed in the reply brief. There is no filed Proof of Service showing that Tolu served Naber's counsel with the 4ACC. It is improper to serve papers on a party when the serving party knows ...
2021.04.20 Demurrer 538
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.04.20
Excerpt: ...corresponded by email. For this demurrer, the Court concludes that the parties have met their statutory obligation, but in the future, they must confer in person or by telephone. Defendant's Demurrer is SUSTAINED with leave to amend for the reasons set forth below. Reading the Complaint liberally and drawing every inference in Plaintiff's favor as this Court must do, and not requiring as much specific in pleading because Defendant has knowledge o...
2021.04.20 Demurrer 321
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.04.20
Excerpt: ... proposed order. The Court has no record of an order being submitted. Therefore, if Plaintiff submitted one, the Court asks that another order be submitted (through the clerk's office) and apologizes for requesting another order. If Plaintiffs failed to prepare an order, then they should prepare one as ordered or Defendants should prepare one pursuant to California Rule of Court 3.1312(d). The Court believes that it is best practice to have a for...
2021.04.20 Motion to Enter Judgment 693
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.04.20
Excerpt: ...bara and Board of Supervisors of the County of Santa Barbara: Michael C. Ghizzoni, Lina Somait, Office of the County Counsel For Real Parties in Interest Santa Barbara Westcoast Farms, LLC, and Scott Rudolph: A. Barry Cappello, Lawrence J. Conlan, Wendy D. Welcom, Cappello & Noel LLP; Deborah M. Rosenthal, Fitzgerald Yap Kreditor LLP HEARING (1) Demurrer of Real Parties to First Amended Petition (2) Motion of Real Parties to Strike Portions of Fi...
2021.04.19 Motion to Dismiss or Stay on Ground of Inconvenient Forum 850
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.04.19
Excerpt: ... et. al.'s “Motion to Dismiss or Stay on the Ground of Inconvenient Forum,” filed 3‐29‐21, is DENIED. Code Civ. Proc. Sects. 410.30; 418.10. Assuming it applies, the forum selection clause is permissive, not mandatory Defendants first argue the Court should dismiss the case because the forum selection clause in the referenced 2008 “Limited Tenancy In Common Agreement” (TIC Agreement) (10‐23‐20 Klimp Decl., Ex. A) “requires” th...
2021.04.19 Motion for Judgment on the Pleadings 702
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.04.19
Excerpt: ...h of contract resulting from Defendants' alleged failure to properly maintain a water heater, which caused the ceiling in the premises leased by Plaintiff to collapse. Plaintiff asserts these claims against Defendant Louis Matteucci, the lessor of the subject premises, as well as Defendants David Clark and Lagomarsino Property Management, Inc. (the “property manager Defendants”). The Court will address the arguments with respect to each Defen...
2021.04.19 Motion for Instructions Re Jurisdiction of Arbitrator 627
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.04.19
Excerpt: ... share of arbitration fees or waive arbitration. The parties do not dispute that Luchetti did not agree to pay Butte's share of arbitration fees by December 4, 2020, or at any date thereafter. Luchetti has therefore waived its right to arbitrate Butte's claim. The Court's order was expressly based on the controlling authority of Roldan and Weiler, which each held in relevant part as follows: “[I]f the trial court determines that any of these pl...
2021.04.19 Demurrer 581
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.04.19
Excerpt: ...AINED WITHOUT LEAVE TO AMEND based on failure to state facts sufficient to support a cause of action. All five causes of action in the Cross‐Complaint arise out of the same allegations that Gonzalez purportedly entered into an agreement with Matson for Matson to rig the bidding for the property in exchange for Gonzalez paying Matson $10,000. (See Cross‐Complaint ¶¶ 4, 5, 15‐19.) Matson claims that he was never paid the $10,000, and furthe...
2021.04.19 Demurrer 558
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.04.19
Excerpt: ...lings on the Demurrer by Defendant FPT follow: A. Sixth Cause of Action Demurrer to the sixth cause of action (interference with contract) is OVERRULED. The original MSA and the Amendment No. 1 expressly provide that the MSA is an at‐will agreement. (MSA para. 9; Amendment No. 1 sect. 1(B).) Pursuant to the Settlement Agreement and MSA, the Parties entered into the 2019 Work Order, which provides that “this Addendum shall continue for a minim...
2021.04.15 Motion for Summary Judgment 847
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.04.15
Excerpt: ... ) ) ) ) ) ) ) ) ) Case No.: 17CIV03847 Assigned For All Purposes to Hon. Danny Y. Chou ORDER GRANTING SUMMARY JUDGMENT Defendant Merz North America's (Merz) Motion for Summary Judgment (Motion) was originally heard by this Court on March 25, 2021 at 2:00 p.m. Craig May and Adam Rapp appeared on behalf of Defendant Merz North America (Merz). Faith Wolinsky appeared on behalf of Defendants Joel Beck, M.D. and Alice Tung. Nobody appeared on behalf ...
2021.04.14 Motion to Compel Arbitration 448
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.04.14
Excerpt: ... initialing the space, no agreement is created. Plaintiff Nay did not initial Paragraph 22B. Therefore, no agreement to arbitrate and no waiver of judicial rights arose. If an agreement to arbitrate were enforceable in the absence of the parties' initials, then the language “by initialing in the space below” would be surplusage. An interpretation that renders part of a contract surplusage should be avoided. (City of El Cajon v. El Cajon Polic...
2021.04.14 Motion for Summary Judgment 411
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.04.14
Excerpt: ...f undisputed material facts, [and] the declaration of Kirkman J. Hoffman, submitted herewith,” no such declaration was filed in support of the motion. Plaintiff requests the Court take judicial notice of discovery responses that have not been filed with the Court. Plaintiff, however, has provided no grounds upon which the discovery responses may be judicially noticed. Accordingly, the request for judicial notice is DENIED. Because Plaintiff has...
2021.04.12 Demurrer 456
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.04.12
Excerpt: ...th respect to the First Cause of Action for Wrongful Foreclosure and Fifth Cause of Action for Violations of RESPA pursuant to Cal. Code of Civ. Proc. § 430.10(e). The Demurrer is OVERRULED with respect to Plaintiff's remaining causes of action. Any amended pleading is to be filed within 20 days of this order. First COA for Wrongful Foreclosure The elements of a wrongful foreclosure cause of action are: “ ‘(1) [T]he trustee or mortgagee caus...
2021.04.12 Motion for TRO 145
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.04.12
Excerpt: ...s from selling the Property. The standard for a preliminary injunction is set forth in Code of Civil Procedure section 525 et seq. To obtain a preliminary injunction, the plaintiff must establish that the defendants should be restrained from the challenged activity pending trial. See Code Civ. Proc. § 526, subd. (a); see also Trader Joe's Co. v. Progressive Campaigns (1999) 73 Cal.App.4th 425, 429. In seeking a preliminary injunction, the burden...
2021.04.12 Motion for Attorney Fees 943
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.04.12
Excerpt: ...The parties settled this matter following Plaintiff's acceptance of Defendants' CCP Section 998 offer to compromise. The offer provided that Defendants would pay Plaintiff $160,000.00 “to resolve fully and finally all of the parties' respective claims against one another, exclusive of costs and fees.” McDonald Decl., Ex. P, p.2; McLennon Decl. ¶ 25. The offer also provided that Plaintiff “shall dismiss all of its claims alleged in its oper...
2021.04.09 Motion to Strike 375
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.04.09
Excerpt: ...ilar and Nicole Aguilar (“Plaintiffs”) is ruled on as follows: The Court may strike out any irrelevant, false or improper matter asserted in any pleading. (C.C.P. § 436(a).) A motion to strike may be brought where the facts alleged do not rise to the level of malice, fraud or oppression to support a punitive damages award. (Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) A motion to strike is widely used to ch...
2021.04.09 Demurrer 375
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.04.09
Excerpt: ...iffs”) is ruled on as follows: (1) Defendant's Request for Judicial Notice is GRANTED. 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 cannot take judicial notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or state...
2021.04.07 Motion to Stay or Dismiss Action 845
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.04.07
Excerpt: ...on a contractual forum selection clause, is DENIED. First, the Indemnitor Application and Agreement upon which moving party relies is expressly between Plaintiff Waller and Defendant Lexington National Insurance. Defendant U.S. Immigration Bonds has failed to make an initial showing of any contract to which it is a party that contains a forum selection clause. The Deed of Trust referencing Freedom Immigration Bonds (the dba for U.S.> Immigration ...
2021.04.07 Demurrer 641
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.04.07
Excerpt: ...Gov. C. § 810 et seq. Section 815 provides that “Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.” (Gov. C. § 815.) Thus, to state a cause of action alleging government tort liability, every fact essential to the existence of a statutory duty must be pleaded with particularity, includin...
2021.04.06 Demurrer 838
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.04.06
Excerpt: ... parties. Code of Civil Procedure § 452. The Court assumes that the allegations in the first amended complaint are true and reads the complaint as a whole. Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38. The Court, however, does not assume as true contentions, deductions or conclusions of fact or law. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. If the complaint states a cause of action under any theory, regardless of the tit...
2021.04.06 Demurrer 605
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.04.06
Excerpt: ...ing it.” California Judge's Benchbook: Civil Proceedings Before Trial § 6.21 (Thomson Reuters 2019). After review of Defendant's submission and its own independent analysis and research, the Court SUSTAINS the demurrer to each cause of action with leave to amend. The FAC contains five causes of action for (1) medical malpractice, (2) informed consent, (3) fraud, (4) IIED, (5) Bus. and Prof. Code §§ 1700 et seq., unfair competition. Defendant...
2021.04.05 Demurrer 039
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.04.05
Excerpt: ...dant must either pay overdue rent covering the time period from Nov. 1, 2020 to Dec. 15, 2020, “or quit and deliver up possession of the premises.” See Complaint, Ex. II. Thus, the Complaint is based on tenant's alleged non‐payment of rent. Per Code Civ. Proc. Sects. 1179.01‐ 1179.07 (The Covid‐19 Tenant Relief Act of 2020, or “Relief Act”), Notices that seek to terminate a tenancy based on the non‐payment of rent that was due dur...
2021.04.02 Motion to Compel Further Responses 192
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.04.02
Excerpt: ...a motion to compel further responses to request for production of documents, the motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. (Code of Civ. Proc. § 2031.310(b)(1); Kirkland v. Sup.Ct. (Guess?, Inc.) (2002) 95 Cal.App.4th 92, 98.) In order to establish “good cause,” the moving party's burden is to show both: (1) relevance to the subject matter (e.g., how the information in the documen...
2021.04.01 Motion for Protective Order 280
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.04.01
Excerpt: ...Plaintiff is GRANTED IN PART and DENIED IN PART. As a threshold matter, the motion is timely pursuant to Code of Civil Procedure sections 2030.090(a) and 2031.060(a). Defendant Ocean Colony Partners, LLC does not dispute that the Court directed the parties at the September 17, 2020 Informal Discovery Conference (IDC) that the parties coordinate the filing of their respective motions to compel and for protective order so that they could be heard o...
2021.04.01 Motion to Compel Responses 280
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.04.01
Excerpt: ... for monetary sanctions is DENIED. Defendant's motion to compel responses to its special interrogatories is denied for the same reasons stated in its tentative ruling granting Plaintiff's motion for protective order. In addition, Defendant's motion is untimely as to any interrogatories to which Plaintiff has responded pursuant to Code of Civil Procedure section 2030.300, subd. (c). Plaintiff served his supplemental responses on October 26, 2020 a...
2021.04.01 Motion to Consolidate or Stay Unlawful Detainer Action 521
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.04.01
Excerpt: ...e unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or it may consolidate the actions.” (Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367, 385.) Thus, consolidation is permitted but not required. (See id., at p. 393 [“We do not hold that trial courts must in all cases grant applications for consolidation of an unlawful detainer proceeding with a pending quiet titl...
2021.04.01 Motion to Compel Further Responses 738
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.04.01
Excerpt: ...and Procedure (“WPP”) manual from 2018 to the present. Defendant has agreed to produce the 2018 and 2020 manuals subject to a protective order. Accordingly, Plaintiff's motion to compel is GRANTED as to this request. 2. RFP No. 17 Plaintiff's RFP No. 17 seeks documents “including but not limited to electronically stored information and electronic mails, concerning any internal analysis or investigation . . . regarding the TRUNK DEFECT in EX...
2021.03.30 Motion for Determination of Good Faith Settlement 851
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.03.30
Excerpt: .... v. Woodward‐Clyde Associates (1985) 38 Cal.App.3d 488. “[O]nly when the good faith nature of a settlement is disputed it is incumbent upon the trial court to consider and weigh the Tech‐Bilt factors … when no one objects, the barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient.” City of Grand Terrace v. Superior Court (1987) 192 Cal.App....
2021.03.30 Demurrer 831
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.03.30
Excerpt: ... 94080. Since she currently conducts hearings through Zoom, there should be no prejudice from this error. The Court rules on Defendants Silicon Valley Disposition, Inc. (“SVD”) and John M. Carroll (“Carroll”) as follows: A. Demurrer by Defendant Carroll The demurrer by Defendant Carroll on the ground that the Complaint names him only in a corporate capacity is OVERRULED. The Complaint names Defendant Carroll in the fifth and sixth causes ...
2021.03.30 Application for TRO 471
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.03.30
Excerpt: ...March 26. The Court ordered Plaintiff to provide proof of service of the application by March 25. On March 25, Plaintiff filed a proof of service of the summons and complaint on Defendant Ryan Pourtemour, as well as declarations of attempted service of the summons and complaint on Defendants Christine and James Pourtemour. However, no proof of service of the application was timely submitted in accordance with the Court's order. Accordingly, the C...
2021.03.29 Motion to Quash Subpoena or for Protective Order 183
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.29
Excerpt: ...tion to quash subpoenas based on litigation taking place in New York. The underlying New York action is a personal injury action. The Defendant in that action, Subaru Distributors Corp., served the subpoenas on non‐party Petitioner Facebook, Inc. The subpoenas seek discovery of the contents of Plaintiffs' Facebook and Instagram accounts. The Stored Communications Act (“SCA”) bars disclosure of the contents of the subpoenaed accounts. The SC...
2021.03.29 Motion to Compel Deposition, for Monetary Sanctions 850
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.29
Excerpt: ...icipated in an informal discovery conference on December 1, 2020, but did not resolve the issues raised herein. Kawahito Decl. ¶23‐24. This, and the subsequent communications detailed in the Kawahito Decl., satisfies the meet and confer requirement. Defendant argues that Dr. Scott cannot participate in a deposition because of health issues, based on a November 24, 2020 letter from Dr. Gilbert Goodman of the Palo Alto Medical Foundation which s...
2021.03.29 Demurrer 559
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.29
Excerpt: ... reasons set forth below. Both the First Cause of Action for Breach of Contract and Second Cause of Action for Negligence are barred because Facebook is immune from liability under section 230(c)(1) of the Communications Decency Act of 1996 (“CDA”). (See 47 U.S.C. § 230(c)(1).) Section 230(c)(1) states that “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by ...
2021.03.26 Motion to Strike Complaint 420
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.03.26
Excerpt: ...ed causes of action arises from (i.e., is based on) protected activity. City of Cotati v. Cashman (2002) 29 Cal.4th 69, 79. If defendant meets this initial burden, the burden shifts to the plaintiff(s) to demonstrate a probability of prevailing on the claim(s). Zamos v. Stroud (2004) 32 Cal.4th 958, 965. Here, Plaintiffs' 12‐4‐20 Complaint asserts two causes of action, for defamation and intentional infliction of emotional distress (“IIED�...
2021.03.26 Motion for Partial Declaratory Adjudication 381
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.03.26
Excerpt: ... Motion for Summary Adjudication is DENIED. Neither Plaintiffs' Notice of Motion nor Plaintiffs' Separate Statement of Undisputed Facts are compliant with California Rules of Court, Rule 3.1350(b) because they do not state specifically the cause of action for which summary adjudication is sought and repeat it verbatim on the separate statement. Defendants' objections numbers 1 and 3 are SUSTAINED on those grounds. Additionally, Plaintiffs have no...
2021.03.26 Demurrer 419
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.03.26
Excerpt: ...ges claims for: (1) Negligent Infliction of Emotional Distress; (2) Breach of the Covenant of Quiet Enjoyment; and (3) Violation of Government Code § 815.6. The FAC is brought against Defendant, who is “a city located in San Mateo County, California.” (FAC ¶ 7.) A claim for money or damages against a local public entity requires that a claim first be presented before filing a lawsuit, subject to certain exceptions. (See Gov. Code §§ 905, ...
2021.03.26 Demurrer 283
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.03.26
Excerpt: ...Defendants are barred by the doctrine of res judicata. The asserted claims arise from the same conduct alleged in Plaintiff's complaint against Defendants in Yichao Chen v. Patricia Lileggi, et al, Supreme Court of the State of New York, County of New York, Index No. 655664/2017 (“New York Civil Case”). See RJN, Ex. E. Defendants' summary judgment motion was granted in the New York Civil Case and the case was dismissed. RJN, Ex. F. Thus, Plai...
2021.03.25 Motion for Summary Judgment 539
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.03.25
Excerpt: ...ts discretion not to rule on Plaintiff U.S. Bank National Association's (Plaintiff or US Bank) objections to Defendants' evidence, because none of the disputed evidence affects the Court's ruling on the motion. (Code of Civ. Proc. Sect. 437c, subd. (q) [court need rule only on objections deemed material to court's disposition of motion].) Plaintiff's Request for Judicial Notice is GRANTED as to all attached exhibits. B. Defendants' Motion for Sum...
2021.03.25 Motion to Dismiss or Stay 878
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.03.25
Excerpt: ...election clause such as the one at issue here is generally given effect unless enforcement would be unreasonable or unfair, and the party opposing enforcement of the clause ordinarily bears the burden of proving why it should not be enforced.” (Handoush v. Lease Finance Group (2019) 41 Cal.App.5th 729, 734 (Handoush).) “The burden, however, is reversed when the claims at issue are based on unwaivable rights created by California statutes. In ...
2021.03.25 Motion to Compel Alternative Dispute Resolution and Stay Litigation 015
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.03.25
Excerpt: ...s Industry, Inc. (Siemens) and Liberty Mutual Ins. Co. (Liberty Mutual) are ORDERED to conduct a mediation pursuant to their subcontract with McCarthy under the terms set forth below. Pending the completion of the mediation, the crossactions involving Siemens, Liberty Mutual, and McCarthy are STAYED. Siemens' Subcontract with McCarthy requires that Siemens and McCarthy mediate any dispute arising from the Subcontract “before any legal proceedin...
2021.03.22 Petition to Confirm Arbitration 438
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.22
Excerpt: ...torney's fees is DENIED. Respondent contends, first, that the arbitrator lacked statutory authority to issue the December 18, 2019 “Amended Ruling.” According to Respondent, “the arbitrator had no statutory authority or power to change, ‘amend,' or otherwise ‘clarify' his December 17, 2019, decision, regardless of his desire to do so or whether the parties requested ‘clarification' during a telephone call.” Opposition, p.5. Pursuant...
2021.03.22 Motion to Quash Service of Summons or Stay or Dismiss 377
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.22
Excerpt: ...ber 16, 2020 is denied. (Code Civ. Proc., sec. 473(d); see Ellard v. Conway (2001) 94 Cal.App.4th 540, 544 [default judgment entered against a defendant who was not served with a summons in the matter prescribed by statute is void].) Pursuant to Code of Civil Procedure section 415.20(b), plaintiff's process server attempted service on defendant at the Fremont apartment, the address defendant gave as his home address at the scene of the accident, ...
2021.03.22 Demurrer 674
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.22
Excerpt: ...min Darrow (“Plaintiff”), is ruled on as follows: (1) Defendant's Request for Judicial Notice is GRANTED, pursuant to Evidence Code section 452(d). (2) The Demurrer to the First through Fifth Causes of Action as barred by the statute of limitations is OVERRULED. Defendants argue that these claims are barred by the three‐year statute of limitations under Code of Civil Procedure section 338(d). The statute commences to run only after one has ...
2021.03.22 Demurrer 028
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.22
Excerpt: ... “material continuing violations of your lease (smoking, unapproved dog, noise),” “material failure to carry out obligations under state landlord and tenant law (nuisance and interfering with quiet enjoyment of neighbors),” and “other good cause (harassment of neighbors, smoking, noise).” (Complaint, Ex. 2.) Defendant's tenancy is a Section 8 tenancy. (Complaint, Ex. 1.) The Complaint does not allege facts that would permit terminatio...
2021.03.19 Demurrer 801
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.03.19
Excerpt: ...lows: Demurrer to the First Cause of Action for Premises Liability and Second Cause of Action for Negligence is OVERRULED. Defendant demurs to these claims based on failure to state facts sufficient to support these claims. Defendant assert that the facts pled are insufficient to support that Defendant owed Plaintiffs a duty of care. After reviewing the cases cited by the parties and the facts alleged in the Complaint though, the Court finds that...
2021.03.19 Demurrer
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.03.19
Excerpt: ... Further, the Demurrer provides no argument that the first or second cause of action is uncertain. B. Demurrer to Third Cause of Action Defendant's demurrer to the third cause of action (fraudulent inducement) is sustained with leave to amend. 1. The Economic Loss Rule bars Plaintiff's claim. The economic loss rule allows a plaintiff to recover in tort when a product defect causes damage to “property other than the product itself.” (Jimenez v...
2021.03.18 Demurrer 987
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.03.18
Excerpt: ...ased solely on allegations that Realogy “is the controlling company for” Cornerstone (Compl., ¶ 3) and that Defendants were the “alter egos of their co‐defendants” and “were joint venturers with, or co‐partners with, . . . their co‐defendants” (id., ¶ 11), Plaintiff contends that he has sufficiently pled the first cause of action for negligence and the third cause of action for tort of another against Realogy (see Pl. Opp., at...
2021.03.18 Demurrer 466
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.03.18
Excerpt: ...AINED IN PART WITH LEAVE TO AMEND. As a threshold matter, the Court exercises its discretion to consider the Demurrer even though Defendant filed it more than a year after being served with the Summons and Complaint. Plaintiff has not opposed the Demurrer, and therefore has not demonstrated that it will be prejudiced. (Jackson v. Doe (2011) 192 Cal. App. 4th 742, 750.) Defendant's Demurrer to the Sixth, Seventh, and Eighth Causes of Action based ...
2021.03.15 Demurrer 290
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.15
Excerpt: ... Alexander Mayer (“Mayer”) (collectively “Plaintiffs”), is ruled on as set forth below. The demurrer to the second, third, fourth, ninth, and tenth causes of action is SUSTAINED WITH LEAVE TO AMEND as to Defendant Pepe Pimentel (“Pimentel”). Plaintiffs have not alleged facts to support these causes of action. There is no alleged misrepresentation by Pimentel to support the Second Cause of Action for Intentional Misrepresentation and T...
2021.03.15 Motion to Seal Docs 971
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.15
Excerpt: ... Plaintiffs have demonstrated the records they seek to seal contain proprietary or confidential information. The records consist of testimony and documents furnished to the San Mateo County Assessment Appeals Board in conjunction with an application for changed assessment. Complaint, ¶ 10. Plaintiffs cite to Rev. and Tax. Code § 451, which provides that “All information requested by the assessor or furnished in the property statement shall be...
2021.03.15 Motion to Strike 279
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.15
Excerpt: ...icle negligence arising from a collision on the 280 Freeway in San Mateo County. It alleges Defendant “was engaged in a race on the freeway with his motor vehicle with another unknown individual …. [and] caused his motor vehicle to strike Plaintiff's vehicle with such force that it caused Plaintiff's vehicle to fly off the highway and to rollover multiple times.” The Complaint refers to Defendant's actions as “despicable conduct, intentio...
2021.03.12 Motion for Summary Judgment, Adjudication 562
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.03.12
Excerpt: ...by Defendant Clark Pest Control Services, Inc. (CPCS) in 2016. Plaintiff alleges that, following a company event at a San Mateo County golf course on January 20, 2018, her supervisor, Chris Burkett, “made a racist comment to Plaintiff” using a racial slur. Complaint, ¶ 8. Plaintiff complained to her employer about the comment. Defendant conducted an investigation and found Plaintiff's claim unsubstantiated. Id., ¶ 9. Upon learning the resul...
2021.03.11 Motion for Summary Judgment, Adjudication 118
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.03.11
Excerpt: ... California, Inc., Aetna Health Management, Inc. and Aetna Life Insurance Company (collectively, Aetna) is CONTINUED to March 18, 2021 at 2:00 p.m. in Department 22. Defendants have lodged Exhibit Nos. 1‐7 under seal pursuant to California Rules of Court (CRC), Rule 2.254(c). (See Notice of Lodging filed September 24, 2020.) Rule 2.254(c) states that “[e]xcept as provided in rules 2.250‐ 2.259 and 2.500‐2.506, an electronically filed docu...
2021.03.10 Motion for Summary Judgment, Adjudication 705
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.03.10
Excerpt: ...ity cause of action, but DENIED as to the remaining claims. Id. As to Conco, Plaintiffs allege claims for negligence, premises liability, and loss of consortium. 9‐ 26‐19 Complaint. The parties appear to agree that the loss of consortium claim is predicated upon and dependent on the negligence and premises liability claims. Having reviewed the parties' briefing and supporting evidence, the Court concludes that triable issues of fact preclude ...
2021.03.10 Demurrer 035
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.03.10
Excerpt: ...mpt from disclosure under Gov. Code § 6254(k), part of the California Public Records Act (CPRA), which provides that the Act does not require disclosure of “Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.” In Citizens Oversight, Inc. v. Vu (2019) 35 Cal.App.5th 612, 618– 620, the Fourth District Court of Appeal...
2021.03.09 Motion to Approve PAGA Settlement 070
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.03.09
Excerpt: ...ies the tentative issued on February 18 as follows: The motion is GRANTED and the notice is approved. The remainder of the tentative is adopted. The Court declines Plaintiff's counsel's request for attorneys' fees of 38% In exercising its discretion after reviewing the record and weighing the factors, the Court continues to believe that one‐third is an appropriate per centage. TENTATIVE OF FEBRUARY 18, 2021 Plaintiffs' motion for approval of a ...
2021.03.09 Demurrer 660
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.03.09
Excerpt: ...on with Defendant Waterville, Inc. (“Waterville”). The parties dispute whether Defendant had authority to administer the arbitration. As a threshold matter, the Court has authority to determine issues of arbitrability. Courts defer “questions of arbitrability” to the arbitrator only where the parties have “clearly and unmistakably” agreed that the arbitrator decide those issues. Rent‐A‐Center, West, Inc. v. Jackson (2010) 561 US 6...
2021.03.09 Demurrer 394
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.03.09
Excerpt: ...t, the parties are to contest the tentative and appear at the hearing to explain. Defendants' demurrer is SUSTAINED with leave to amend. In this case, six plaintiffs sue Defendant for violation of Business & Professions Code § 17529.5(a)(1),(2). None of the emails are attached to the SAC. The Court further notes that while the SAC identifies the number of emails each Plaintiff received, there is no further information about the specific emails t...
2021.03.08 Motion to Bifurcate Trial 444
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.08
Excerpt: ...g to Defendants, “when dealing with injuries of the magnitude at issue in this case, the effect of sympathy and passion in the jury's deliberations on the subject of liability may well result in a miscarriage of justice.” MPA, p.8. Defendants assert that “Should the facts and evidence support a conclusion that Defendants are not liable for decedent's and Plaintiffs' injuries, presentation of evidence and argument regarding the tragic result...
2021.03.08 Demurrer 723
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.08
Excerpt: ...h Plaintiff, the existence of which is established by the Complaint and judicially noticeable facts. Contrary to Defendant's contention, the contract does not need to be in writing since it falls under the exception set forth in Commercial Code section 2201(3)(a). Paragraphs 42 and 43 of the Complaint establishes the remaining elements of this claim. See CACI No. 2201. Defendant also contends this cause of action is barred by res judicata based o...
2021.03.08 Demurrer 456
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.08
Excerpt: ...for Wrongful Foreclosure and Fifth Cause of Action for Violations of RESPA pursuant to Cal. Code of Civ. Proc. § 430.10(e). The Demurrer is OVERRULED with respect to Plaintiff's remaining causes of action. Any amended pleading is to be filed within 20 days of this order. First COA for Wrongful Foreclosure: The elements of a wrongful foreclosure cause of action are: “ ‘(1) [T]he trustee or mortgagee caused an illegal, fraudulent, or willfully...
2021.03.04 Motion for Summary Judgment, Adjudication 022
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.03.04
Excerpt: ...t Equinox Equinox's motion for summary adjudication of Plaintiff Robert Pierre Alexander's first through fourth causes of action is DENIED. Equinox's motion for summary adjudication of Plaintiff's claim for punitive damages is GRANTED. 1. Plaintiff's first cause of action for retaliation in violation of Labor Code sections 1102.5, 6310, and 6311 Equinox contends that summary adjudication of Plaintiff's first cause of action for retaliation in vio...
2021.03.04 Motion to Strike 118
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.03.04
Excerpt: ...ervention (FAC) is DENIED. Motions to strike are generally regarded with disfavor.1 (See Real v. Johnson & Johnson Consumer Companies, Inc. (C.D. Cal., Feb. 8, 2016) 2016 WL 3220811, *2). Use of a motion to strike should be “cautious and sparing” to avoid a “procedural ‘line item veto.' ” (PH II, Inc. v. Superior Court (Ibershof) (1995) 33 Cal.App.4th 1680, 1683.) A motion to strike may seek to strike any “irrelevant, false or imprope...
2021.03.03 Motion to Reopen Discovery 830
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.03.03
Excerpt: ...ssity and the reasons for the discovery; (2) the diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or r...
2021.03.02 Motion for Sanctions 345
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.03.02
Excerpt: ...aintiffs J.B.B. et. al. (see 2‐10‐21 Opposition brief) pursuant to Code Civ. Proc. Sect. 128.5(g) is also DENIED. This Court, after reviewing the record and weighing the factors, exercises its discretion and denies both requests for sanctions. J.B.B. et. al. argues Defendants Fair et. al. should be sanctioned for Mr. Fair making false statements in his 12‐3‐20 declaration. J.B.B.'s request for sanctions is based on two sentences in Paragr...
2021.03.01 Motion to Strike FAC 232
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.01
Excerpt: ...s”) to Strike Portions of the First Amended Cross‐ Complaint (“FACC”) of CrossComplainants Tarun Gaur, Tringapps, Inc., Jinigram, LLC, Dial2Buy.com, LLC, and Ravi Kumar (“Cross‐ Complainants”), is ruled on as follows: (1) The Motion to Strike the portions of Paragraphs 1 and 2 in the Prayer for Relief on page 36, lines 21 and 24 that read “and that Gaur be restored all consideration” is GRANTED WITHOUT LEAVE TO AMEND. CrossCompl...
2021.03.01 Demurrer 388
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.01
Excerpt: ...ed by a means guaranteeing no later than next‐day delivery. See Code Civ. Proc. Sect. 1005(c). The Complaint properly states a cause of action for unlawful detainer (UD). Code Civ. Proc. Sect. 430.10(e). The Complaint alleges that after the initial lease term expired and a month‐to‐month tenancy was created, Plaintiffs served Defendants with a 60‐day Notice of Termination of Tenancy (Complaint, Ex. B), which stated that Plaintiffs intende...
2021.03.01 Demurrer 269
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.01
Excerpt: ...itz LLC. The pleading alleges that Plaintiffs are members of Fox Investments, LLC. It does not allege, however, whether any Plaintiff is one of the “certain partners” of Fox Investments (Complaint para. 8) who purchased DeRitz LLC. The Complaint does not identify any member of DeRitz LLC. Further, the Complaint fails to state a cause of action for an accounting. “An action for an accounting may be brought to compel the defendant to account ...
2021.03.01 Demurrer 232
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.03.01
Excerpt: ...vely “Cross‐Defendants”) to the First Amended Cross‐Complaint (“FACC”) of Cross‐Complainants Tarun Gaur (“Gaur”), Tringapps, Inc., Jinigram, LLC, Dial2Buy.com, LLC, and Ravi Kumar (collectively “CrossComplainants”), is ruled on as follows: (1) Demurrer to the Fourth Cause of Action for Declaratory Relief based on failure to state facts sufficient to support this claim, is OVERRULED. Cross‐Defendants fail to show that all o...
2021.02.25 Special Motion to Strike 531
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.25
Excerpt: ...SAN MATEO INSURANCE COMMISSIONER OF THE STATE OF CALIFORNIA, Applicant, v. CALIFORNIA INSURANCE COMPANY, a California corporation, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 19‐CIV‐06531 Assigned For All Purposes to Hon. Danny Y. Chou ORDER DENYING RESPONDENT'S SPECIAL ANTI‐SLAPP MOTION TO STRIKE On November 4, 2019, this Court appointed Applicant the Insurance Commissioner of California (Commissioner) the Conservator of Respondent C...
2021.02.25 Motion to Strike Answer 386
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.25
Excerpt: ...in November 2020, the LLC's counsel substituted out of the case, leaving the LLC without counsel. Plaintiffs then filed this motion, seeking to strike the LLC's previously filed answer, on the groundsthat an LLC, like a corporation, cannot represent itself in litigation. (See, generally, Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal. 3d 724, 727.) Although Plaintiffs are correct that the LLC cannot represent itself in this action...
2021.02.25 Motion for Order Re Non-Disclosure of Identity 607
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.25
Excerpt: ...ances,” however, a plaintiff may sue under fictitious names, such as “Jane Doe.” (See Doe v. Lincoln Unified Sch. Dist. (2010) 188 Cal.App.4th 758, 766‐67.) The Court finds that the circumstances of this action are sufficiently exceptional to justify allowing Petitioner to proceed under a fictitious name. In this action Petitioner seeks a ruling that the evidence did not support a finding that Petitioner engaged in child abuse. Although P...
2021.02.24 Motion to Compel IME 710
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.02.24
Excerpt: ...st instruments”. It is Defendant's contention that the oral examination can be conducted remotely, but that some of the psychological tests cannot be conducted remotely. The Amended Notice lists a multitude of potential tests, and that the doctor “will use her judgment to administer any, all or none of the following test”. No specific evidence has been presented as to which specific tests the doctor has a good faith belief will actually nee...
2021.02.23 Motion for Good Faith Settlement 355
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.02.23
Excerpt: ...d failed to serve this motion on RJ Leonard Painting, a pro per defendant who failed to serve any party with its answer. Per the Court's order, on February 17, 2021, A&B notified all parties of the continuance and served the motion on RJ Leonard Painting. “[O]nly when the good faith nature of a settlement is disputed it is incumbent upon the trial court to consider and weigh the Tech‐ Bilt factors … when no one objects, the barebones motion...

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