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2023.04.24 Motion to Transfer Venue, for Monetary Sanctions 904
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.24
Excerpt: ...ral Rules of Venue for Contract Actions As applied to this action, Code of Civil Procedure Section 395 provides two alternative bases for venue: Defendant's residence and the place where the contract was entered into or to be performed. (Cal. Code Civ. Proc., S 395, subd. (a).) Based on the facts of this case, venue based on the contract does not apply. 8. Section 395 Does Not Apply to this Case By the express language of Section 395, the locatio...
2023.04.24 Motion to Compel Compliance with Agreement for Production of Docs, for Monetary Sanctions 643
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.24
Excerpt: ...contends that the issues raised by his Motion have been resolved in part by the production of documents on November 8 and November 29, 2022, but that the issues of a privilege log and of sanctions have not been resolved. (See Reply, at p. 2:3-15.) Defendant's request for an order compelling production of any documents is now moot, as Defendant agrees that the documents were produced after the filing of the Motion. Defense counsel has sought a pri...
2023.04.24 Demurrer 151
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.24
Excerpt: ...otection Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate) purported to state 30 days' notice to tenants, it did not state the 'no fault — just cause' basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because "The Complaint alleges that the lease at issue her...
2023.04.24 Demurrer 150
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.24
Excerpt: ...ction Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate) purported to state 30 days' notice to tenants, it did not state the 'no fault — just cause' basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because "The Complaint alleges that the lease at issue here i...
2023.04.21 Motion to Compel Arbitration and Stay Proceedings 909
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.04.21
Excerpt: ...) entered between Plaintiff and Boardwalk Nissan on grounds that Plaintiff should be equitably estopped from refusing to arbitrate his claims against Defendant. The arbitration provision —to which Defendant is not a signatory— states, in pertinent part, as follows: Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision and the arbitrability of the claim or di...
2023.04.21 Motion to Compel Arbitration 753
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.04.21
Excerpt: ...o arbitration all claims raised in the Complaint. This achon is STAYED pending resolution of the arbitration proceedings. Defendants seek to compel the submission of Plaintiff's claims to arbitration pursuant to an agreement (the "Arbitration Agreement") entitled "Brooksdale Dispute Resolution Policy" and allegedly signed by Plaintiff. (See Jan. 20, 2023 Declaration of Audrey Withers ("Withers Decl."), 5, exh. A ("Arb. Agmt.").) Plaintiff makes s...
2023.04.20 Demurrer 446
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.20
Excerpt: ...d the gift card. The argument lacks merit. Plaintiff alleges that he read Nordstrom's representations about how secure the gift cards are. (9AC Para. 15.) Plaintiff alleges that in reliance on those statements, he asked Mr. Devorkin to buy him a Nordstrom gift card for his 50th birthday. (ld. Para. 18.) Mr. Devorkin did so. Under the liberal pleading standard for demurrers, these allegations are sufficient to allege that Devorkin was acting as Pl...
2023.04.19 Demurrer 767
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.04.19
Excerpt: ... Sect. 1005, subd. Plaintiff is reminded to comply with filing and service deadlines in the future. Defendant Diwa Rachakonda's demurrer to the first cause of action (breach of contract) is SUSTATINED WITH LEAVE TO AMEND. Demurrer to the second cause of action (common count for work, labor, services) is OVERRULED. Plaintiff shall file and serve his First Amended Complaint on or before May 8, 2023. The first cause of action (breach of contract) fa...
2023.04.18 Motion to Compel Further Responses, for Monetary Sanctions 377
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.18
Excerpt: ...ctions as follows: Discovery is broad and its purpose is to provide information so that there are no surprises at trial. See Children's Hosp. Central. Cal. v. Blue Cross of Cal. (2014) 225 Cal.App.4th 1260, 1276; Code of Civ. Proc. S 2017.010. One way that parties obtain this information is through contention interrogatories, which are authorized by Code of Civil Procedure section 2030.010(b). On August 16, 20231, twenty months ago, Plaintiffs fi...
2023.04.18 Motion for Leave to File FACC 391
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.18
Excerpt: ...act to a claim for breach of contract (fourth cause of action) and to add a cause of action for unjust enrichment/quantum meruit against new defendants, the clients. Ryan opposes the amendment. A court has discretion to allow an amendment to a pleading on any just terms and at any time, even after commencement of trial. Code of Civ. Proc., SS 473, 576. The statutes that give courts authority to allow amendments are to be construed liberally in fa...
2023.04.17 Demurrer 129
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.17
Excerpt: ...t Protecton Act of 2019 (TPA). According to Defendant, "[a]lthough [the Thirty Day Notice to Terminate] purported to state 30 days' notice to tenants, it did not state the "no fault — just cause" basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA, at p. 3.) In response, Plaintiff claims that the TPA does not apply because the "Complaint alleges that the lease at issue here is for...
2023.04.17 Demurrer 149
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.17
Excerpt: ...otection Act of 2019 (TPA). According to Defendant, "Although [the Thirty Day Notice to Terminate] purported to state 30 days' notice to tenants, it did not state the "no fault — just cause" basis, which is critical for determining (at present and in hindsight) whether the TPA has been complied with." (MPA iso Demurrer, at p. 3.) In response, Plaintiff claims that the TPA does not apply because the "Complaint alleges that the lease at issue her...
2023.04.17 Motion to Expunge Lis Pendens 447
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.04.17
Excerpt: ... quiet title and constructive trust are real property claims. 80th claims, if successful, would result in a change of title. However, as discussed below, Plaintiff fails to plead facts demonstrating the probable validity of any real property claims. 1. Quiet Title. The general rule is that the holder of equitable title cannot maintain a quiet title action against the holder of legal title. (Warren v. Merrill (2006) 143 Cal.App.4th 96, 113.) An ex...
2023.04.14 Motion to Quash Deposition Subpoena 382
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.04.14
Excerpt: ...ed to Steven Baik is GRANTED for the reasons set forth below. Krafton's request for sanctions is DENIED. By this Motion, Krafton seeks to quash the subpoena issued to Baik by Plaintiffs and Cross-defendants NetEase Inc., Hong Kong NetEase Interactive Entertainment Ltd., and NetEase Information Technology Corp. (collectively "NetEase"), which requests Baik produce the Engagement Letter detailing the fee arrangement between himself and Krafton with...
2023.04.14 Motion to Compel Answers 382
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.04.14
Excerpt: ... is ordered to provide answers to NetEase's questions regarding whether he has a financial interest in the outcome of this litigation, as discussed in this ruling, in a further deposition. The further deposition is to take place no later than April 18, 2023, except as agreed upon by the Parties and their respective counsel. By this Motion, NetEase seeks to compel Steven Baik's answers to certain deposition questions. These questions sought to dis...
2023.04.14 Motion for Summary Adjudication 192
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.04.14
Excerpt: ...4); and (2) GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED THEREIN, as to Galicha and Bell's respective cross-complaints (Ex. 1, 2) and the court order issued on September 14, 2017 in DOE v. Google (S.F. sup. ct. case no. CGC-16-556034) (Ex. 5). All objections are OVERRULED. DFS has not met its initial burden of proof to demonstrate there are no triable issues of material fact as to Issue nos. 1 — 12. For Issues nos. 1, 2, 5, 6, 9, DFS ...
2023.04.13 Demurrer, Motion to Strike 405
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.13
Excerpt: ...defendant has filed an answer to a prior complaint. (See Code of Civ. Proc., S 430.10.) And here, contrary to Plaintiff's contention, the Demurrer is a general one rather than a special one, which is explicit in the notice and readily apparent from the supporting papers. (See, e.g„ Jan. 25, 2023 Notice of Demurrer, pp. 1—2.) A general demurrer is made on the basis that the complaint "does not state facts sufficient to constitute a cause of ac...
2023.04.11 Demurrer to SAC 007
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.11
Excerpt: ...ng for Redwood City. The Demurrer of Defendant Margaret Young ("Defendant") to the Fifth Cause of Action for Negligent Entrustment of a Motor Vehicle in the Second Amended Complaint ("SAC") by Plaintiff Mary Helena Celine Joseph, individually and as successor-in- interest to Gryselda Joseph ("Plaintiffs"), is OVERRULED. The rules for a demurrer are well known: In reviewing the demurrer, the Court construes the allegations liberally, reading the c...
2023.04.11 Demurrer to FAC 172
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.11
Excerpt: ...plaint is SUSTAINED WITH LEAVE TO AMEND for the reasons set forth below. Plaintiff is to file a Second Amended Complaint no later than five (5) days after service of written notice of this order. Plaintiffs Request for Judicial Notice is GRANTED. Defendants demur to the First Amended Complaint's two contract claims generally, on the basis that neither states facts sufficient to constitute a cause of action, and specially, on the bases that Haskel...
2023.04.11 Claim of Exemption Hearing 814
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.11
Excerpt: ...ather than 8(1) North Humboldt St., San Mateo, CA 94401, where Judge Fineman's courtroom is located. Defendant went to City, but was then able to connect to the hearing via Ztnm. As a result of Defendant's argument and the fact that the notice indicated the incorrect court location, the Court continued the hearing to April 11, 2023 and provided leave to Defendant to file additional information with the Court by April 4, 2023. Defendant has not fi...
2023.04.10 Motion for Summary Judgment 702
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.04.10
Excerpt: ...e Court's ruling on Defendant's Motion for Judgment on the Pleadings. 8. Discussion 1. Paragraph 9 Does Not Support Granting Summary Judgment Defendant argues that Paragraph 9 is an exculpatory clause that precludes liability for breach of contract. That argument is unpersuasive. i. Paragraph 9 Is an Indemnity Clause, Not an Exculpatory Clause In the absence of any extrinsic evidence, the Court may "determine the parties' intentons as disclosed b...
2023.04.10 Demurrer, Motion to Strike 741
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.04.10
Excerpt: ...N-PART. 1. Procedural Matters Defendants' October 12, 2022 Request for Judicial Notice is GRANTED. (Evid. Code, S 452(d).). Defendants' Reply brief argues that the Court should not consider Plaintiff's Opposition brief due to alleged improper electronic service, and non- compliance with the parties' agreement regarding service. In the Court's discretion, the Court has considered Plaintiff's Opposition brief, but admonishes the parties that, going...
2023.04.07 Demurrer 122
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.04.07
Excerpt: ...On March 23, the Court issued a Tentative Ruling indicating an intention to sustain the Demurrer, which at that time appeared to be unopposed, for the reasons argued in Defendant's moving papers. On March 21, Plaintiff filed a late Opposition brief. Defendant then requested a continuance of the March 24 hearing to allow Defendant time to file a Reply brief. Accordingly, at the March 24 hearing, rather than adopt its Tentative Ruling, the Court co...
2023.04.06 Demurrer 393
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.06
Excerpt: ...edia Inc. v. Superior Court (1999) 20 Cal.4th 449,457, fn. 9. Defendant's Request for Judicial Notice in support of the Reply is DENIED. General Demurrer for Failure to Comply with Tort Claims Act Defendant's unopposed General Demurrer to the entire Complaint for failure to comply with tort claims requirements is SUSTAINED without leave to amend pursuant to Cal. Code of Civ. Proc. S 430.10(e). Plaintiff's Complaint fails to comply with the requir...
2023.04.06 Demurrer, Motion to Strike 584
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.06
Excerpt: ...the Third Cause of Action ("intentional infliction of emotional distress"), the demurrer is SUSTAINED with leave to amend. Code Civ. Proc. Sect. 430.10(e). Plaintiff's Complaint alleges that Defendant is guilty of "extreme and outrageous" conduct because Defendant had "actual and constructive knowledge" of a bed bug problem in its hotel, yet failed to disclose the problem to Plaintiffs, which resulted in Plaintiffs' allegedly sustaining personal ...
2023.04.06 Motion for Summary Judgment 970
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.04.06
Excerpt: ...t Defendants did not give Plaintiff Gloria Rodriguez a thirty-day notice before the locks were changed and she was refused reentry to a residence located at 237 Poplar Avenue in Redwood City (the "Property"). By this Motion, Defendants contend that the action has no merit because Plaintiff cannot establish that Defendants were landlords nor establish that she was entitled to a thirty day notice. A. Legal Standard on Summary Judgment "A party may ...
2023.04.04 Demurrer 996
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.04.04
Excerpt: ...hilip Morris Inc. (1975) 54 Cal.App.3d 7, 18.) The demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not contentions, deductions or conclusions of fact or law). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-957.) A. First Through Fourth Causes of Action (Negligence) The Demurrers to the first, second, third, and fourth causes of achon are OVERRULED. The ground for each demurrer is t...
2023.03.28 Special Motion to Strike 427
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.28
Excerpt: ...ivil Procedure section 435.16 (Anti-SLAPP) as follows: BURDEN OF PROOF ON A SLAPP MOTION "Enacted by the Legislature in 1992, the ant-SLAPP statute is designed to protect defendants from meritless lawsuits that might chill the exercise of their rights to speak and petition on matters of public concern." Wilson v. Cable News Network, Inc. (2019) 7 Cal.5th 871, 883—884 (citations omitted). In Bonni v. St. Joseph Health System (2021) 11 Cal.5th 99...
2023.03.28 Motion to Quash Deposition Subpoena 456
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.28
Excerpt: ...s set forth below. Request for Judicial Notice. Defendant/cross-complainant Milana Ostroy's 3-16-23 and 3-17-23 Requests for Judicial Notce are GRANTED. Evid. Code Sect. 452(d). Milana's Ostoy"s Opposition. Plaintiff Yelnin correctly notes that Milana Ostroy filed her 3-16-23 Opposition brief one day late. Pursuant to Code of Civil Procedure Section the Opposition was due March 15. In its discretion, however, the Court has considered Ostroy's Opp...
2023.03.28 Motion to Compel Further Responses 666
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.28
Excerpt: ...s: The Court finds that since no opposition has been filed for this properly served motion, all procedural objections to the motion, if any, have been waived. a. Form Interrogatory No. 6.7 This form interrogatory asks for information regarding any health care provider that advised future treatment is needed for Plaintiff's injuries, including the name and address, the complaints for which treatment was advised, and the nature, duration and estima...
2023.03.28 Motion for Summary Judgment, Adjudication 272
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.28
Excerpt: ...iffs were contesting the hearing. However, Plaintiffs' counsel appeared by Zoom and, despite repeated efforts by the Court to have Plaintiffs' counsel make an appearance when the case was called, Plaintiffs' counsel never was able to obtain an audio connection to address the Court (the Court could see Plaintiffs' counsel on the screen). Therefore, with defense counsel's agreement, the Court continued the motion to March 28, 2023 for argument. Pla...
2023.03.28 Motion for Class Certification and Appointment as Class Counsel 267
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.28
Excerpt: ...earned wages (second), (3) failure to prov-de accurate wage statements (sixth cause of action), and (4) unfair competition as derivative of the first, second and sixth causes of action (eighth cause of action) for the following class certified and defined as: All California owner-operator franchisee cleaners who signed a franchise agreement that did not include any arbitration agreement with Vanguard Cleaning Systems, Inc., or its regional franch...
2023.03.27 Motion to Expunge Lis Pendens 023
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.03.27
Excerpt: ...ng reviewed BG's moving papers and supporting evidence, the Court finds good cause to sign an expungement order (assuming it is in proper form), conditioned on BG giving an undertaking. (See id., S 405.33.) Further, BG's October 5, 2022 Request for Judicial Notice is GRANTED as to Exh. 1 (Evid. Code, S 452(c)), and GRANTED as to Exhs. 2-3 (ld., S 452(d)). Factual and Procedural Background. Plaintiffs allege that the subject residential real prope...
2023.03.27 Motion for Summary Judgment, Adjudication 412 (2)
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.03.27
Excerpt: ...spose of all causes of action. Defendants' Alternative Motion for Summary Adjudication of Plaintiffs' Complaint is GRANTED-IN-PART and DENIED-IN-PART. Specifically, Defendants' Motion for Summary Adjudication is GRANTED as to Issues 4, 6, 12, 14, 16, and DENIED as to Issues 1, 2, 3, 5, 7, 8, 9, 10a, 10b, 11, 13, 15, 17, and 18. Defendants' Objections 1. Opposing Declaration of Randy Dizitser (Exhibit 3 to the Compendium of Evidence in Opposition ...
2023.03.27 Motion for Summary Judgment, Adjudication 412
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.03.27
Excerpt: ... Dizitser") and Michelle Dizitser ("M. Dizitser") Crosscomplaint is GRANTED. The undisputed material facts show that the Cross-complaint has no merit and Cross-defendants AVJOG and Chadha are entitled to judgment in their favor. A. First Cause of Acton (Wrongful Eviction) 1. Issue 1: The Dizitsers Were Neither Parties to nor ThirdParty Beneficiaries of the Lease between AVJOG and MxM It is undisputed that the Dizitsers were not parties to the Lea...
2023.03.27 Demurrer to FAC 741
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.03.27
Excerpt: ... to Evid. Code, S 452(d). The Court additionally takes judicial notice of the pleadings filed in related Case No. 1. Defendant Sarah Hillhouse's Demurrer to the 13th COA for Civil Embezzlement is OVERRULED The Court analyzed a demurrer to a similar COA in Plaintiff's Crosscomplaint in a related action, Case No. 22-CL_J-WCb40, and overruled the demurrer to that COA because the Court found that under a broad, liberal reading of the pleading, the Cr...
2023.03.24 Demurrer 304
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.03.24
Excerpt: ... order. Plaintiff's Request for Judicial Notice is GRANTED. Plaintiff's Complaint alleges, inter alia, Defendants committed financial elder abuse and breached their duties as fiduciaries when they pressured her into selling her house without attempting to solicit bids from other buyers via a multiple listing service ("MLS"). Here, Defendants demur to each of the two causes of action in the Complaint pursuant to Code of Civil Procedure section 430...
2023.03.24 Motion to Seal Confidential Docs 641
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.03.24
Excerpt: ...NG: Plaintiffs serra Falk Goldman's and George G.'s unopposed Motion to Seal, filed 2-24-23, which seeks an Order sealing certain documents filed in support of, and in opposition to, defendant Cirrus' Motion for Review of the Discovery Referee's Pre- Trial Order ISA, is GRANTED. CRC 2.550(d); 2.551. Plaintiffs seek an order sealing the confidential versions of the documents listed below, which were filed/lodged with the Court on Feb. 14, 2023 and...
2023.03.24 Motion for Terminating Sanctions 041
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.03.24
Excerpt: ...he Court's January 11, 2023 Order compelling Plaintiff to serve responses to Defendant's Form Interrogatories, Set One, Special Interrogatories, Set One and Request for Production of Documents, Set One, as well as Plaintiff's failure to submit any Case Management Statements ahead of scheduled case management conferences. According to the declaration of Defendant's counsel, "Plaintiff has not served verified discovery responses pursuant to the Cou...
2023.03.24 Motion to Strike Punitive Damages 304
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.03.24
Excerpt: ... Defendants committed financial elder abuse and breached their duties as fiduciaries when they pressured her into selling her house without attempting to solicit bids from other buyers via a multiple listing service ("MLS"). Here, Defendants move to strike all requests for punitive damages from the Complaint. As a preliminary matter, Defendants failed to meet and confer as required by Code of Civil Procedure secton 435.5. This statute requires a ...
2023.03.23 Motion to Compel Responses, Deposition of PMK 985
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.03.23
Excerpt: ...de that the parties agreed to permit discovery on issues pertaining to enforceability of the Arbitration Agreement. The discovery at issue falls into nine general categories: formation of the arbitration agreement, presentation of arbitration agreements to residents, withdrawal of arbitration agreements, arbitration costs, conduct of arbitration, ownership of arbitration entities, motions to compel arbitration, initiation of arbitration, and the ...
2023.03.23 Demurrer to FAC 948
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.03.23
Excerpt: ... cautioned regarding signing declarations under oath absent personal knowledge of the facts stated therein. The 1-5-23 Karen Evans declaration does not appear to be based on personal knowledge. If counsel did not participate in the alleged phone call, then she should not be stating, under penalty of perjury, based on alleged personal knowledge, that the phone call took place. Nonetheless, the Court deems the meet and confer to have been sufficien...
2023.03.21 Motion to Set Aside Entry of Default and Vacate Default 073
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.21
Excerpt: ...erver and Defendants have filed a reply. The Court GRANTS the motion. FACTS On February 6, 2023, Plaintiff filed three proofs of service showing person service by a registered process server on each of the three defendants on January 28, 2023 at 10:08 a.m. In support of the moving papers, Defendants each filed a declaration stating that they were not personally served. Pauli and Paleste Tau declare that they were home that day, but were never ser...
2023.03.21 Motion in Limine 901
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.21
Excerpt: ...23 for ease of tracking: The Court rules on Defendants' Motion in Limine No. 13 to Exclude Permanent Nuisance Damages as follows: The Court GRANTS the unopposed Requests for Judicial Notice. The Court takes judicial notce of these documents' existence, the date and nature of the acts and pleadings, but not necessarily for the truth of facts asserted within the documents. Julian Volunteer Fire Co. Assn. v. Julian-Cuyamaca Fire Protection Dist. (20...
2023.03.21 Motion for Summary Judgment, Adjudication 272
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.21
Excerpt: ...urthouse. Department 4 is located at the Central Courthouse, 800 North Humboldt St., Courtroom G, San Mateo, CA 94401. Plaintiffs, however, noticed the hearing for Redwood City. OBJECTION TO SEPARATE STATEMENT Defendants object to Plaintiffs' separate statement of Undisputed Material Facts ("SSUMF") for failure to comply with California Rules of Court 3.1350(b),(h). Plaintiffs' Notice of Motion indicates that summary judgment/adjudicaton is sough...
2023.03.21 Motion for Preliminary Approval of Class Action Settlement Agreement 277
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.03.21
Excerpt: ... whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 75—77.) After conducting this independent review of this proposed settlement, the Court DENIES WITHOUT PREJUDICE Plaintiff Y. Thomas' Motion for (1) Preliminary Approval of Class Action Settlement Agreement; (2) Approval of Notice to Class Members and Related Materials; (3) Approval of Settlement Administrator; and (4) Setting Hearing fo...
2023.03.20 Motion to Compel Production of Docs, for Sanctions 571
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.03.20
Excerpt: ...epartment's ("Defendant") Motion to Compel Plaintiff Joseph Echema's ("Plaintiff") Responses to Set No. 1 of Defendant's Requests for Production of Documents, Form Interrogatories, and Special Interrogatories and to Impose Sanctions is DENIED for the reasons set forth below. A. Defendant's Request for Order Compelling Further Responses Is untimely On March 26, 2021, Plaintiff served verified responses to Defendant's First Set of Requests for Prod...
2023.03.20 Motion to Compel Arbitration and Stay Proceedings 300
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2023.03.20
Excerpt: ...ENIED-IN-PART. (Cal. code Civ. Proc., SS 1281.2, 1281.4.) Plaintiff Brennan Lawson ("Plaintiff") has filed two actions against Defendant Meta. The two related cases inwlve substantially the same allegations against Defendant. The Court has already determined that the instant case (Case No. 22ClV03300, filed on August 11, 2022) is related to Case No. 22ClV02723, filed on July 5, 2022. (See October 10, 2022 Order Deeming Cases Related.) In this cas...
2023.03.16 Motion to Compel Further Responses 789
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.03.16
Excerpt: ...16, 2023. At that time, Defendants had not filed an opposition. At the hearing on February 16, 2023, Defendants claimed that they never received the Motion so the Court continued the hearing to February 23, 2023. At the hearing on February 23, 2023, the Court continued the hearing to March 16, 2023 and set a briefing schedule for Defendants' opposition, and Plaintiff's reply. 80th Defendants and Plaintiffs timely filed their briefs. In their oppo...
2023.03.16 Motion to Compel Binding Arbitration and Stay Matter 985
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.03.16
Excerpt: ...ition is CONTINUED to May 25, 2023 at p.m. The parties are ORDERED to file and serve simultaneous supplemental briefs no longer than seven (7) pages on or by April 6, 2023 addressing the following issues: 1. Whether Logan v. Country Oaks Partners LLC (2022) 82 Cal.App.5th 365 [review granted) can be reconciled with Hutcheson v. Eskaton Fountainvvoc„d Lodge (2017) 17 Cal.App.5th 937 (Hutcheson)? And if so, how? 2. Whether Hutcheson is distinguis...

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