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2021.02.23 Demurrer 840
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.02.23
Excerpt: ...ple v. ConAgra Grocery Products Co. (2017) 17 Cal.App.5th 51. Judge Fineman also represented the County of San Mateo in In re Natural Gas Antitrust Cases (Price Indexing), San Diego County, Nos. JCCP4221, JCCP4224, JCCP4226, and JCCP4228. See Regents of University of California v. Superior Court (2008) 165 Cal.App.4th 672. Judge Fineman represented the County of San Mateo in other cases; she does not have the full names or case numbers for those ...
2021.02.22 Motion to Strike 849
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.02.22
Excerpt: ...nor any facts suggesting Defendant engaged in “despicable conduct,” as is required by Section 3294. Specifically, Plaintiff alleges he dined at Defendant's restaurant, informed Defendant he had a peanut allergy, inquired whether the food he had ordered contained peanuts, and was told it did not. (Complaint, p. 5). Plaintiff alleges he became ill after consuming the food, which it turns out contained peanut ingredients. Id. For the reasons sta...
2021.02.22 Motion for Summary Judgment 367
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.02.22
Excerpt: ...or Summary Judgment or in the alternative, Summary Adjudication, is ruled on as follows: Defendants' Motion for Summary Judgment is DENIED since they have failed to establish that there are no triable issues of material fact as to an essential element for each cause of action. Summary Adjudication is DENIED as to the First, Second, Fourth, Sixth and Seventh Causes of Action and GRANTED as to the Third and Fifth Causes of Action for the reasons se...
2021.02.19 Motion to Enforce Settlement 189
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.02.19
Excerpt: ...led to comply with the terms of the parties' Settlement Agreement by failing to make payments due thereunder. The Agreement provided that Defendant was to make payments to Plaintiff's counsel's law firm. Mahfouz Decl., Ex. A. ¶ 6. Plaintiff's counsel's declaration states that no payments have been made. Mahfouz Decl., ¶ 9. As a result, Plaintiff has established Defendant is in default under the parties' Agreement. The terms of the Settlement Ag...
2021.02.19 Demurrer 001
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.02.19
Excerpt: ...f Act precludes a court from finding a tenant guilty of unlawful detainer before July 1, 2021, absent certain exceptions. (See C.C.P. § 1179.03.5.) The Complaint does not allege that any of the exceptions under C.C.P. § 1179.03.5 apply to this unlawful detainer action. As a result, Plaintiff has failed to allege facts sufficient to support a cause of action for unlawful detainer. Leave to amend is not granted. Although leave to amend is routine...
2021.02.19 Motion to Quash Service of Summons 267
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.02.19
Excerpt: ... confusion, the Court will refer to Equinix Services, Inc. as “PHI,” even though PHI is the company's prior name. The legal basis for the Court's exercise of personal jurisdiction over a Defendant is set forth in detail in the parties' moving and opposing papers, and will not be repeated at length here. Procedurally, when a non‐resident Defendant challenges personal jurisdiction, the burden is on the plaintiff to first demonstrate, by a pre...
2021.02.18 Motion to Dismiss FAC for Forum Non Conveniens 821
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.18
Excerpt: ...IN AND FOR THE COUNTY OF SAN MATEO JEFFREY SANTELLICES; Plaintiff, v. APTTUS CORPORATION; PROJECT EVEREST PARENT, LLC; PARENT EVEREST HOLDINGS, LLC; and DOES 1 through 25, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 19‐CIV‐00821 Assigned For All Purposes to Hon. Danny Y. Chou ORDER DENYING DEFENDANTS' MOTION TO DISMISS FOR FORUM NON CONVENIENS Defendants Apttus Corporation (Apttus), Project Everest Parent, LLC, and Parent Everest Holdin...
2021.02.18 Demurrer 821
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.18
Excerpt: ... AMEND, and SUSTAINED IN PART WITHOUT LEAVE TO AMEND. 1. Plaintiff's Causes of Action Against Apttus a. First Cause of Action for Breach of Contract The demurrer to Plaintiff's first cause of action for breach of contract against Apttus is OVERRULED. A demurrer to only a portion of a cause of action is “procedurally improper.” (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682.) Apttus only argues that the conversion of Plaintiff...
2021.02.18 Demurrer 405
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.18
Excerpt: ...ubdivision (b)(1). (Id., ¶ 8.) Plaintiff served Defendant with a 3‐day notice to quit that expired on December 7, 2020. (Compl., ex. 2.) The notice alleges that Defendant repeatedly harassed and disturbed neighbors, including Plaintiff's daughter, and states, in pertinent part, that: “This harassing and disturbing behavior, besides being a violation of your written rental agreement's rules and regulations, constitutes the maintenance of a nu...
2021.02.16 Motion for Leave to File FAC 994
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.02.16
Excerpt: ...n August 29, 2017, causing injury. Defendant contends the statute of limitations for any cause of action against Ms. Person has run, as Plaintiff did not name Ms. Person as a Defendant within two years of the date of injury, and the amendment does not relate back to the original filing because Plaintiff was not genuinely ignorant of Ms. Person's identity. As noted by Defendant, Plaintiff spoke with Ms. Person and took pictures of Ms. Person's dri...
2021.02.16 Motion for Attorney Fees 275
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.02.16
Excerpt: ...ULED. Defendant's objection to evidence are OVERRULED. Plaintiffs' counsel, three different firms, seek their attorneys' fees of $304,274.25, which amount includes a .5 multiplier pursuant to the Song‐Beverly Act, Civil Code § 1794(d). The case settled for $170,000 after Defendant's failed to repair the car that Plaintiffs had purchased for $33,000. Plaintiffs have submitted declarations from counsel, verified billing statements, a National Co...
2021.02.16 Demurrer 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.02.16
Excerpt: ...e Court finds that the same result is obtained under both California and Delaware law. Accordingly, the Court does not engage in a conflict of law analysis. The Court notes though that even if substantive Delaware law applies, California procedural law, including whether the pleadings are sufficient, are determined under California law. 3 Witkin, Cal. Proc. 5th Actions § 46 (2020) citing Restatement 2d, Conflict of Laws §§ 127, 128. Failure to...
2021.02.11 Demurrer 806
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.11
Excerpt: ...or Fraudulent Concealment, the Second Cause of Action for Fraudulent Misrepresentation, and Third Cause of Action for Fraudulent Inducement (collectively fraud claims) is SUSTAINED WITH LEAVE TO AMEND Defendants' demurrer to the fraud claims is sustained with leave to amend because they are not pled with sufficient particularity and because Plaintiffs failed to plead a duty to disclose on the part of Defendants. Fraud claims must be pled with suf...
2021.02.11 Special Motion to Strike 806
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.11
Excerpt: ...ants) is GRANTED IN PART and DENIED IN PART. “A cause of action against a person arising from any act of that person in furtherance of the person's 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 pr...
2021.02.11 Motion for Judgment 127
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.11
Excerpt: ...plained below, entry of judgment finding Defendant Raymond Wilson guilty of unlawful detainer in this action is currently barred by the COVID‐19 Tenant Relief Act of 2020 (Tenant Relief Act). Plaintiff filed this unlawful detainer action on January 31, 2020. (Compl. for Unlawful Detainer, filed 1/31/20.) In the Complaint, Plaintiff alleged, among other things, that: (1) Defendant agreed to pay Plaintiff $2,325.00 per month as rental for certain...
2021.02.11 Motion for Summary Judgment 828
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.11
Excerpt: ... party to judgment on the cause of action. (Code Civ. Proc., sect. 437c, subd. (p)(1).) Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue on one or more material facts exists as to the cause of action or a defense thereto. (Ibid.) The defendant shall not rely upon the allegations or denials of its pleadings to show a triable issue; defendant must set forth the specific facts showing that a tri...
2021.02.09 Motion to Strike or Tax Costs 275
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.02.09
Excerpt: ...rd Motor Company does not challenge Plaintiffs' right to costs, but in this motion challenges certain of those costs. Defendant has made ruling on this motion more difficult because of its failure to comply with California Rule of Court 3.1700(b)(2). Thus this Court's ruling does not correspond to the line item on the Cost Memorandum. After viewing the totality of the record and weighing all the factors, this Court exercises its discretion and ru...
2021.02.09 Motion to Compel Further Responses, for Sanctions 531
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.02.09
Excerpt: ...ance with CCP § 2030.300(c). The parties' disagreement centers around the question of whether Plaintiff's responses to Defendant's special interrogatories, served on August 10, 2020, were properly verified with Plaintiff's electronic signature. According to Plaintiff's declaration, he completed his review of the discovery responses on August 10 and directed his attorney to electronically sign Plaintiff's name on the verifications. Makada Decl., ...
2021.02.09 Motion to Compel Arbitration 383
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.02.09
Excerpt: ...plaint. (See California Arbitration Act (“CAA”), codified in the Code Civ. Proc. Sect. 1281, et seq., and the Federal Arbitration Act (“FAA”), 9 United States Code Sect. 1, et seq.) Plaintiff argues that the arbitration agreement is void because he did not sign an arbitration agreement. (Opp. at 3:9‐15.) The arbitration agreement provided by Defendant, which reflects Plaintiff's signatures, is authenticated by Fatima Parayno, Defendant'...
2021.02.09 Motion for Summary Judgment, Adjudication 492
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.02.09
Excerpt: ...c. (“Sedgwick”) and Plaintiff‐in‐Intervention Guadalupe Campillo‐Cortes (“Campillo”) are DENIED. Sedgwick's request for joinder is GRANTED. A. The Peculiar Risk Doctrine Applies Only to Hazardous Activities Under the peculiar risk doctrine, a property owner who hires an independent contractor to do “inherently dangerous work” can be held directly liable for damages when that independent contractor causes injury to others by negl...
2021.02.09 Demurrer 745
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.02.09
Excerpt: ...er, the Court construes the complaint's allegations liberally with a view to attaining substantial justice among the parties. Code of Civil Procedure section 452. All material facts are treated as true. Apple v. Superior Court (2017) 18 Cal.App.5th 222, 240. The Demurrer to the First Cause of Action for Fraud is OVERRULED. Defendants challenge the specificity of the allegations, that there are no actionable allegations, and no damages pled. The C...
2021.02.08 Motion to Vacate Dismissal, Enter Judgment 742
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.02.08
Excerpt: ... mail and electronic mail, respectively, to Consumer First Legal at 416 Hillview Drive in Milpitas, CA and to [email protected]. The email address is identified in the parties' stipulation as the address where Defendant may be notified of default. However, no appearance has been entered on behalf of Defendant in this action, and there is no indication in the record that the physical or email address to which the papers were served belong to Defend...
2021.02.08 Demurrer 643
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.02.08
Excerpt: ...ek to invalidate the settlement agreement. “'Ordinarily where the rights involved in litigation arise upon a contract, courts refuse to adjudicate the rights of some of the parties to the contract if the others are not before it.'” Deltakeeper v. Oakdale Irrigation Dist., 94 Cal. App. 4th 1092, 1106 (2001) (quoting Nat'l Licorice Co. v. N.L.R.B., 309 U.S. 350, 363 (1940)). “Such a judgment or decree would be futile if rendered, since the co...
2021.02.05 Application for Right to Attach Order 571
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.02.05
Excerpt: ...ndants' conversion/theft of Plaintiffs' corporate assets (i.e., Defendants' alleged theft of funds from Plaintiffs' corporate bank accounts). Defendants contend the dispute centers on Plaintiffs' violation of labor and employment laws (i.e., alleged failure to pay its Californiabased employees' wages). In 2018, shortly after filing the Complaint in this case, Plaintiffs filed their first application for a writ of attachment, seeking to attach pro...
2021.02.05 Demurrer 394
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.02.05
Excerpt: ...ency Regulation, through August 31, 2020, unless further extended by the County before that date (“Termination Date”), no Landlord shall endeavor to evict a tenant . . . for a no‐fault termination of tenancy as defined herein unless necessary for the health and safety of the Tenant, other residents of the building at which the Tenant resides, the Landlord, or the Landlord's Family. Endeavors to evict that are prohibited by this Emergency Re...
2021.02.05 Demurrer, Motion to Strike 149
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.02.05
Excerpt: ...fendant Agrawal, whereby Agrawal would take over Plaintiff's lease with EJC (FAC, ¶¶ 13‐15); JLL knew of this contract prior to charging Plaintiff with an improperly calculated Additional Rent (Id., ¶¶ 21‐22); JLL charged Plaintiff an incorrect amount for Additional Rent and failed to correct it, despite Plaintiff informing JLL that curing the Additional Rent issue was “paramount” to it being able to complete the sale of its business ...
2021.02.04 Demurrer 902
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.04
Excerpt: ...endant's Demurrer to the First Cause of Action for Breach of Contract is SUSTAINED WITH LEAVE TO AMEND. The elements of a claim for breach of contract are: (1) existence of the contract, (2) plaintiff's performance or excuse for nonperformance of the contract, (3) defendant's breach, and (4) plaintiff's damages as a result of the breach. (Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 402.) If the action is based on a writt...
2021.02.04 Demurrer 521
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.04
Excerpt: ...intiff does not allege the existence of any contract between Plaintiff and Hollyvale. Plaintiff has only alleged a contractual relationship with the parties to the loan and the deed of trust. Hollyvale, however, is not a party to either of those contacts. Plaintiff argues that Hollyvale is a necessary party because the Complaint seeks equitable relief that would require Hollyvale to reconvey the property to Plaintiff. But the fact that Plaintiff ...
2021.02.04 Motion to Transfer Venue 556
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.04
Excerpt: ...lace of business in Los Angeles, (2) the parties' Subcontract was to be performed in Los Angeles County, and (3) Joel Parker executed the parties' Subcontract and Personal Guarantee in Los Angeles. (MPA, p.1.) Plaintiff contends that venue is proper in San Mateo County pursuant to the following provision in the parties' Subcontract: “SUBCONTRACTOR agrees that this Agreement is to be executed in San Mateo County, California and that venue for an...
2021.02.04 Motion for Judgment 279
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.04
Excerpt: ...ust (Plaintiffs) unopposed Motion for Judgment Pursuant to Stipulation and Order, is GRANTED IN PART and DENIED IN PART. (Code Civ. Proc. Sec. 664.6; see also Stip. & Order filed 11‐ 19‐20.) Plaintiffs' motion for entry of judgment for possession is GRANTED. Because Defendant is not a “tenant” as defined by the COVID‐19 Tenant Relief Act of 2020 (Tenant Relief Act) (Code Civ. Proc., § 1179.02, subd. (h)) and because this action does no...
2021.02.04 Motion to Require Posting of Bond 521
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.02.04
Excerpt: ...r hearing,” “that the plaintiff resides out of the state . . . and that there is a reasonable possibility that the moving defendant will obtain judgment in the action . . . .” Here, Plaintiff concedes that he resides out‐of‐state. (Compl., ¶ 7.) Plaintiff's ownership of real property and bank accounts does not fulfill the “reside” requirement of Code of Civil Procedure section 1030. There is also a reasonable possibility of Defenda...
2021.02.03 Motion to Enforce Stipulation for Settlement 620
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.02.03
Excerpt: ...s contained within the documents. Defendant/Cross‐Complainant Cullens' Motion to Enforce Settlement is GRANTED. Plaintiff/Cross‐Defendant Jeromes' Motion to Enforce Settlement is DENIED. Defendant/Cross‐Complainant Cullens' request for attorney's fees is DENIED. The Court has jurisdiction to enforce the Settlement Agreement pursuant to Cal. Code of Civ. Proc. § 664.6, item 7 of the Settlement Agreement, and the March 5, 2020 Order Retainin...
2021.02.02 Motion for Summary Judgment, Adjudication 297
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.02.02
Excerpt: ...or Summary Judgment or in the alternative, Summary Adjudication, is ruled on as follows: (1) As a threshold matter, Defendants' Notice of Motion indicate that this Motion is brought to the First, Second, Third, Fifth, Sixth and Seventh Causes of Action (“COA”) based on Plaintiff's failure to produce admissible evidence in support of these COA. (See Defendants' Notice of Motion, Issues 1‐3, and 5‐7.) A defendant moving for summary judgment...
2021.01.29 Motion to Lift Stay 852
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.01.29
Excerpt: ...so primarily in the interests of judicial economy and efficiency, minimization of expense, and avoidance of potentially inconsistent rulings. Having reviewed the parties' briefing, given the still ongoing Delaware court proceeding, the Court finds that the rationale and policy concerns underlying the 3‐2‐20 stay Order still apply, and thus declines to lift the stay at this time. Plaintiffs Blum et. al. argue the Delaware lawsuit is “essenti...
2021.01.29 Motion for Summary Judgment, Adjudication 562
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2021.01.29
Excerpt: ...s well as a code‐compliant separate statement of material facts. Plaintiff appears not to have filed any evidence in support of the opposition, in violation of CRC 3.1350(3). The clerk's office has confirmed that it is not in receipt of any of Plaintiff's evidence. Further, the Court notes that Plaintiff's separate statement is 515 pages. The separate statement sets forth pages of narrative in response to each of Defendant's undisputed facts an...
2021.01.27 Motion for Summary Judgment, Adjudication 705
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.01.27
Excerpt: ...§ 437c. The parties agree that Privette v. Superior Court (1993) 5 Cal.4th 689 and its progeny apply to the facts, but disagree as to the result. In general terms, the California Supreme Court's decision in Privette limits the liability of the hirer of an independent contractor for on‐the‐job injuries sustained by the independent contractor's employees. Id. As the Supreme Court explained in subsequent case law, however, the Privette doctrine...
2021.01.26 Motion for Summary Judgment 195
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.01.26
Excerpt: ...tively, Summary Adjudication, to the Complaint of Plaintiffs Sherlene and Lawrence Wong is ruled on as follows: Stillwater has brought this motion for summary judgment on two grounds: (1) that there was no direct physical loss to property as described in Coverage C of the policy; and (2) any loss was not covered by one of the sixteen perils covered under the policy. Defendants then claim that the other causes of action fail because they depend on...
2021.01.25 Motion to Quash for Lack of Personal Jurisdiction 323
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.01.25
Excerpt: ...and the forum state to justify imposition of personal jurisdiction. Elkman v. National States Ins. Co. (2009) 173 CA4th 1305, 1313. In this case, Plaintiffs contend the Court has specific personal jurisdiction over Defendants Hart and HME Legal because Defendants (1) accepted payment out of funds administered in California; (2) intentionally offered their services to Plaintiffs in California; and (3) proposed California dispute resolution in a te...
2021.01.25 Motion to Dismiss or Stay Action 674
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.01.25
Excerpt: ... Darrow (“Plaintiff”) and Defendant providing that any action arising out of the agreement be brought in Florida. (See Barnes Decl., Exh. A, ¶ 18.f.) A mandatory forum selection clause is valid and enforceable absent a showing that enforcement of such a clause would be unreasonable. (CQL Original Products, Inc. v. National Hockey League Players' Assn. (1995) 39 Cal.App.4th 1347, 1353–1354.) The plaintiff bears the burden of demonstrating t...
2021.01.21 Motion to Strike 446
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.01.21
Excerpt: ...ch the demurrer was sustained. (See Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023 [holding that plaintiff may not amend complaint to add a new cause of action without having obtained permission from the court to do so].) Here, Plaintiff's Second Amended Complaint (SAC) alleges several new causes of action and a new defendant that were not included in his First Amended Complaint (FAC). Specifically, Plaintiff alleges new cause...
2021.01.21 Demurrer 446
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.01.21
Excerpt: ...Act (CLRA) is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant's demurrer to the seventh cause of action for violation of the Unfair Competition Law (UCL) and eighth cause of action for violation of the False Advertising Law (FAL) are SUSTAINED WITH LEAVE TO AMEND. Sixth Cause of Action for Violation of the CLRA In sustaining the demurrer to the cause of action for violation of the CLRA in the FAC, the Court found that “Plaintiff has not alleged com...
2021.01.21 Motion for Summary Judgment, Adjudication 214
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.01.21
Excerpt: ...3, plus late fees and loan costs of $1,432.81. Plaintiff's Motion for Summary Judgment is DENIED. Plaintiff contends that it is entitled to summary judgment or, in the alternative, summary adjudication on its breach of contract claims. As explained below, Plaintiff is entitled to summary adjudication on its breach of contract claims but not summary judgment. The essential elements of a claim for breach of contract, whether express or implied, are...
2021.01.20 Motion to Vacate Default 201
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.01.20
Excerpt: ... other responsive pleading on or before five days after service upon him of the notice of entry of the order denying the motion to quash. In unlawful detainer actions, the filing of a motion to quash “extends the defendant's time to plead until five days after service upon him of the written notice of entry of an order denying his motion[.]” C.C.P. § 1167.4(b). Defendant filed a motion to quash on March 4, 2020. The Court denied the motion t...
2021.01.20 Motion for Judgment on the Pleadings 833
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.01.20
Excerpt: ...2 Cal.App.4th 1234); Weil & Brown, Civil Procedure Before Trial ¶6:94‐¶6:96. Plaintiffs appearing pro per drafted and filed their Complaint on December 21, 2018, alleging claims for negligence and personal injuries arising from a vehicle collision on January 2, 2017. In the caption, Plaintiff identified “AAA Insurance (American Automobile Association)” as Defendant. Throughout the body of the Complaint, Plaintiffs addressed their negligen...
2021.01.20 Motion for Judgment on the Pleadings 037
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2021.01.20
Excerpt: ...e answer. Sebago, Inc. v. City of Alameda (1989) 211 Cal.App.3d 1372, 1379. “The grounds for a motion for judgment on the pleadings must appear from the face of the complaint or from a matter of which the court may take judicial notice.” RichardsonTunnell v. Schools Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061 (disapproved on other grounds by Quigley v. Garden Valley Fire Protection Dist. (2019) 7 Cal.5th 798). Here, Plaintiff...
2021.01.14 Motion to Set Aside Default, Judgment 287
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.01.14
Excerpt: ...t notes that he threw the papers away without looking at them and asserts that “[t]his is not outside the realm of normal behavior for a small business owner who is inundated with paperwork and has limited time to response to administrative issues.” (Id., at p.6.) Defendant bears the burden of showing that he is entitled to relief pursuant to Code of Civil Procedure section 473, subdivision (b). In the absence of an attorney affidavit of faul...
2021.01.14 Motion to File Under Seal 821
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.01.14
Excerpt: ... to Defendants' Merger Agreement. Further, the only portion of the Agreement that is relevant to Defendants' demurrer is a brief passage on page 22 of the Merger Agreement; the remainder of the Agreement's contents are not relevant to the demurrer for which Defendants cite the Agreement. For these reasons, the Court finds that (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding inter...
2021.01.12 Motion for Mandatory Venue Transfer 171
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.01.12
Excerpt: ...(See Code of Civ. Proc. § 395.5.) “In tort, ‘liability arises where the injury occurs….'” (Mission Imports, Inc. v. Sup.Ct. (Monterey Bay Co., Inc.) (1982) 31 Cal.3d 921, 929.) Injury refers to a wrongful invasion of rights. (Black Diamond Asphalt, Inc. v. Sup. Ct. (2003) 109 Cal.App.4th 166, 172.) The burden is on Defendant to overcome the presumption that the venue selected by Plaintiffs Yolanda S. Recania and Vernon Recania (“Plaint...
2021.01.12 Demurrer 007
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2021.01.12
Excerpt: ...oc. § 430.10(e). On 9‐11‐20, the Court granted Defendants' Motion for Judgment on the Pleadings (MJOP) with leave to amend, directed to the original Complaint's asserted causes of action for (1) actual fraudulent transfer, (2) constructive fraudulent transfer, (3) common law fraudulent transfer, (4) declaratory relief, and (5) accounting. Plaintiff thereafter filed the FAC, reasserting the same first four causes of action, but dropping the a...
2021.01.11 Motion for Summary Adjudication 660
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2021.01.11
Excerpt: ...tiff paid $15,000 against a surety bond it issued to Defendant. Plaintiff contends it is entitled to reimbursement of the $15,000 payment on the grounds that it made payment out of the surety bond in good faith, that Defendant waived his right to contest the payment when he failed to specifically instruct Plaintiff not to make payment, and that Plaintiff has a statutory right to reimbursement under Civil Code section 2847. However, the pleadings ...
2021.01.08 Demurrer 598
Location: San Mateo
Judge: Buchwald, Gerald J
Hearing Date: 2021.01.08
Excerpt: ...e negligence action on a Judicial Council Form Complaint, and appears to arise out of a dispute over Defendants' August 22, 2020 refusal to provide security tape footage to Plaintiff of an altercation Plaintiff had with a third party outside Defendants' hotel property. Defendants here demur to the Complaint as uncertain and failing to state facts sufficient to constitute a cause of action.  In his confusing pleadings, Plaintiff seems to claim ...
2021.01.08 Motion to Quash Service of Summons, to Dismiss Complaint 571
Location: San Mateo
Judge: Buchwald, Gerald J
Hearing Date: 2021.01.08
Excerpt: ... Concealment, Breach of Fiduciary Duty, Negligence, and Civil Conspiracy.  This case involves a number of related corporate entities in both China and California, and alleges fraud and theft of corporate assets. As alleged, Plaintiff China New Era Group Corporation (CNEGC), based in Beijing, was engaged in various business ventures world‐wide, and in 2015, CNEGC entered into agreements with third parties to pursue a real estate development p...
2021.01.08 Demurrer 688
Location: San Mateo
Judge: Buchwald, Gerald J
Hearing Date: 2021.01.08
Excerpt: ... wrongful eviction, and other related claims, arising out of an oral subletting of garage unit in East Palo Alto that allegedly was un‐permitted and unlawfully converted to a small rental unit. The Causes of Action asserted are: 1. Tenant Relocation Assistance, Violation of CA Health & Safety Code §§ 17975‐17975.2 2. Tenant Relocation Assistance, Violation of East Palo Alto Municipal Code §§ 14.02.130, 14.02.150, 14.06.080 3. Tenant Haras...
2021.01.07 Demurrer 728
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2021.01.07
Excerpt: ...he Court. Defendant Daniel Brian Schatt's unopposed Demurrer to Plaintiff James Alexander's First Amended Complaint, filed October 15, 2020, (“FAC”) is SUSTAINED WITH LEAVE TO AMEND for the following reasons: The demurrer to the first cause of action for declaratory relief is SUSTAINED WITH LEAVE TO AMEND. This claim is predicated on Plaintiff's other causes of action. Because the FAC fails to state facts sufficient to constitute a cause of a...
2020.12.22 Motion for Judgment on the Pleadings 902
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.22
Excerpt: .... Plaintiff's opposition is long on argument, but does not indicate what specific allegations in the SAC describe extrinsic fraud, and the Court has not located any. The allegations of wrongdoing describe, at most, intrinsic fraud. It is Plaintiff's burden to offer a showing that he can amend his pleading to state a cause of action. Plaintiff's Opposition makes no showing of possible amendment. The motion is DENIED as to the third through sixth c...
2020.12.22 Demurrer 758
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.22
Excerpt: ... Fraudulent Transfer based on failure to allege facts sufficient to support this claim against it. Defendant asserts that the allegations show it was not a transferor or transferee of any alleged fraudulent transfer, and therefore cannot be liable for conspiracy to commit fraudulent transfer. Defendant argues that the controlling authority here is Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503 (“Applied Equipment”). ...
2020.12.21 Motion for Judgment on the Pleadings 161
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.21
Excerpt: ...ion for breach of contract, the motion is DENIED. As with a demurrer, a motion for judgment on the pleadings “does not lie to a part of a cause of action.” Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 163. Here, Plaintiff's Second Cause of Action alleges multiple breaches of the 2017 Operating Agreement, not all of which appear to hinge on the parties' dispute regarding LLC ownership percentages. Complaint, ¶¶82‐92. The Second Cau...
2020.12.18 Motion to Vacate Dismissal 784
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.18
Excerpt: ...,000 in American Express Company. Plaintiff American Express National Bank's unopposed “Motion for Order Vacating Dismissal and Entering Judgment against Defendant,” filed 10‐2‐ 20, is GRANTED. Code Civ. Proc. § 664.6. Per the parties' “Stipulation for Conditional Entry of Judgment” filed 10‐22‐18 (signed 10‐19‐ 18), the parties settled their dispute and Defendants agreed to make a series of payments to Plaintiff per a paymen...
2020.12.18 Motion to Quash Service of Summons 440
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.18
Excerpt: ...Cal.App.3d 703, 710. Where discovery is required to oppose a jurisdictional challenge, a defendant may conduct that discovery without being considered to make a general appearance in the action. Factor Health Management, LLC v. Superior Court (2005) 132 Cal.App.4th 246. Specially Appearing Defendant may therefore participate in jurisdictional discovery without waiving their jurisdictional arguments. Plaintiff is authorized to conduct jurisdiction...
2020.12.17 Motion for Summary Adjudication 345
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.17
Excerpt: ...se of Action for Declaratory Relief, is GRANTED, for the reasons stated below. Both the Fifth and Sixth Causes of Action hinge the same question—namely, given the parties' 2013 settlement agreement, the resolution of the parties' prior lawsuit (Case No. CIV522693), and Defendants Fair et. al.'s recent payment to Plaintiffs J.B.B. et. al. of $475,424.12 to satisfy the Judgment in CIV522693, are Plaintiffs J.B.B. et. al. still investors in/equity...
2020.12.15 Motion to Compel Arbitration and to Stay 047
Location: San Mateo
Judge: Novak, Lisa A
Hearing Date: 2020.12.15
Excerpt: ...s that Sunstone's request somehow envisions some of the litigation proceeding during arbitration. By the plain language of Sunstone's motion that is not the relief it seeks. The initial complaint and the cross‐complaint encompass two separate agreements. One is a construction contract between an LLC owner, Stillcreek, and a contractor, Sunstone, which contains an agreement to arbitrate. The second is a guaranty contract between individual defen...
2020.12.14 Motion to Vacate Renewal of Judgment 923
Location: San Mateo
Judge: Novak, Lisa A
Hearing Date: 2020.12.14
Excerpt: ...tiff's Request for Judicial Notice of the following documents filed in CLJ 499923 is GRANTED: 1) Summons 2) Proof of Service of Summons 3) The Complaint 4) The Request for Entry of Judgment 5) The Judgment The Motion for Vacating the Renewal of Judgment is GRANTED. The Court agrees with Plaintiff's argument that the judgment is valid on its face, and under most circumstances extrinsic evidence would not be admissible in collateral attack. However...
2020.12.14 Motion for Summary Judgment 466
Location: San Mateo
Judge: Novak, Lisa A
Hearing Date: 2020.12.14
Excerpt: ...ne provides a basis to grant the Motion for Summary Judgment. A defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Cal. Code of Civ. Proc. § 437c(p)(2). Once the defendant or cross‐defendant has met that burden, the burden shif...
2020.12.11 Motion for Summary Judgment, Adjudication 988
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.11
Excerpt: ...nt is proper only if it disposes of the entire lawsuit.” (All Towing Servs. LLC v. City of Orange (2013) 220 Cal. App. 4th 946, 954.) The present motion addresses only the counts for open book account, account stated, and breach of contract; the motion does not address the claims for money had and received (Complaint ¶ CC‐1(b)(1), goods sold and delivered (Id. ¶ CC‐1(b)(3)), money lent (Id. ¶ CC‐1(b)(4), or money paid at defendant's re...
2020.12.11 Motion to Deny Clawback Request 501
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.11
Excerpt: ...ion for judicial determination of the privilege claim must be made within 30 days after the party received notice of the claim. [ C.C.P. section 2031.285(d)]. At issue here are two documents over which Defendants Edwin Blue and IRA Services, Inc. have asserted attorney‐client privilege and work product protection. On February 24, 2020, Defendants inadvertently produced the two documents as part of its production in response to Plaintiff's disco...
2020.12.10 Motion to Confirm Good Faith Settlement 836
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.10
Excerpt: ...ff's claims was made in good faith. Intero contends Plaintiff is unlikely to recover against it because: (1) Plaintiff is not entitled to a finder's fee because Intero did not receive any commission from the sale of the billboards; and (2) Plaintiff is not entitled to a finder's fee because he attempted to negotiate the real estate transaction, which requires a real estate license pursuant to California law. Defendant contends that Plaintiff's ap...
2020.12.09 Motion for Summary Adjudication 506
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.09
Excerpt: ...are OVERRULED. Defendants' Motion for Summary Adjudication is GRANTED pursuant to Cal. Code of Civ. Proc. § 437c(f)(1) with respect to Issue Nos. 3, 4, 6, 7, 8, and 9. The motion is DENIED with respect to Issue Nos. 1, 2, and 5. Regarding the claim for fraud/concealment, Issue No. 1; “[T]he elements of an action for fraud and deceit based on a concealment are: (1) the defendant must have concealed or suppressed a material fact; (2) the defenda...
2020.12.08 Motion to Quash 388
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.08
Excerpt: ...ervice. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) However, the return of a registered process server establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return. (Evid. Code, § 647.) If this statutory presumption applies, then the defendant is required to produce evidence to overcome this presumption. (Palm Property Investments, LLC v. Yadegar (2011) 194 Cal.App.4th 1419, 1428.) In this...
2020.12.07 Motion to Seal Portions of Record 195
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.07
Excerpt: ...m to file redacted copies of the following papers in support of their opposition to Defendant motion for summary judgment: (1) Declaration of David M. Rosenberg‐Wohl; (2) Evidence; (3) Request for Judicial Notice; and (4) Separate Statement. According to Plaintiffs, the records sought to be sealed contain portions of a deposition that is confidential pursuant to a protective order issued in a related federal action: In re: Pacific Fertility Cen...
2020.12.07 Motion for Summary Judgment 328
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.07
Excerpt: ... vehicles are not insured by Landlord, manager or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is advised to carry Tenant's own insurance (renter's insurance) to protect Tenant from any such loss or damage. Tenant shall comply with any requirement imposed on Tenant by Landlord's insurer to avoid: (1) an increase in Landlord's insurance prem...
2020.12.07 Motion for Attorney's Fees 861
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.07
Excerpt: ...action to enforce the terms of the Settlement Agreement is entitled to reasonable attorney's fees incurred in the enforcement action. Plaintiff is the prevailing party in an action to enforce the terms of the Settlement Agreement, and is therefore entitled to reasonable attorney's fees in the amount of $3,358.50. The fees claimed for the enforcement action are sufficiently documented and reasonable. Exhibit B of the Declaration of Steven J. Mehlm...
2020.12.07 Demurrer 558
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.07
Excerpt: ...irst Amended Cross‐complaint, as irrelevant to this demurrer. The request for judicial notice of the First Amended Cross‐complaint in this action is DENIED as unnecessary. A. 5 th Cause of Action – Unjust Enrichment The demurrer is OVERRULED. FPT contends that SYMPHONY's decision to terminate its contracts with LOGIGEAR was based on LOGIGEAR's breaching the Settlement Agreement, and not by any act of FPT. The argument fails on demurrer beca...
2020.12.04 Motion for Summary Adjudication 403
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.04
Excerpt: ... are objecting to the remainder of the sentence. If they are, the objection is OVERRULED. Objection 2: SUSTAIN as to the bolded language “I presumed based on what I saw that he had crashed into us because he talking (sic) on his cell phone and not paying attention to the road on the basis of speculation. OVERULED as to the rest of the objection. Objection 3: SUSTAIN as to Plaintiffs' Exhibit N on the basis of hearsay, lack of foundation, lack o...
2020.12.02 Motion to Quash Service of Summons 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.02
Excerpt: ... take judicial notice of its own records. 3) DENIED as to the printout from the Oregon Secretary of State for an LLC named “Oregon Drying Technologies”, generated on 10/2/20. (Kirpes Decl., Exh. A) Although judicial notice may be taken of a certificate of corporate status under Ev. Code, §452(c) (See, Friends of Shingle Springs Interchange v. County of El Dorado (2011) 200 Cal.App.4th 1470, 1483), the printout is not a certificate of corpora...
2020.12.02 Motion to Quash for Lack of Personal Jurisdiction 321
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.02
Excerpt: ...orum. According to Defendants, this Court lacks specific personal jurisdiction because “Robison and his sole proprietorships are in North Carolina, there is no dispute. Plaintiffs arranged for product to be shipped there — and this litigation arose out of a dispute about that delivery.” MPA, p.6. Defendants, however, fail to acknowledge that Defendants, as well as Plaintiffs, were parties to an agreement to ship flooring product to North Ca...
2020.12.02 Demurrer 261
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.02
Excerpt: ...e attorney to use such skill, prudence and diligence as members of his or her profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the breach and the resulting injury; and (4) actual loss or damage resulting from the attorney's negligence." (Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194, 1199.) Defendant asserts that the allegations are insufficient to support that she breached the duty...
2020.12.01 Demurrer 540
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.01
Excerpt: ...e is GRANTED pursuant to Evidence Code § 452(d). Cross‐Defendant's Request for Judicial Notice is GRANTED pursuant to Evidence Code § 452(d). Judicial notice is taken of the documents' filing/recording, contents, and legal effect, but not the truth of allegations therein. Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7. Cross‐Complainants have standing to sue under the lease. The Lease and Guarantees relate to the same matters, are...
2020.12.01 Motion to Strike 362
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.01
Excerpt: ... contend, first, that the allegations set forth at ¶¶ 40‐49 of the Hogans' Third Amended Cross‐Complaint, relating to the third cause of action for violation of Bus. & Prof. Code § 7031 asserted against Defendant JPM, must be stricken because the Hogans failed to seek leave to amend this cause of action. According to Defendants, “the Court's ruling granting the Hogans leave to correct the problems with [the Hogan's former fifth cause of ...
2020.12.01 Motion for Summary Judgment, Adjudication 320
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.12.01
Excerpt: ...Proc. § 437c, subd. (c).) “Summary judgment is proper only if it disposes of the entire lawsuit.” (All Towing Servs. LLC v. City of Orange (2013) 220 Cal. App. 4th 946, 954.) The present motion addresses only the counts for open book account and account stated; the motion fails to address the claims for Goods sold and delivered (Complaint ¶ CC‐1(b)(3)) and credit extended (i.e., money paid at Defendant's request) (Id. ¶ CC‐1(b)(6)). Si...
2020.11.30 Motion to Quash 374
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.30
Excerpt: ...of the tenancy. In support, Defendants cite to Delta Imports, Inc. v. Municipal Court (1983) 146 Cal.App.3d 1033, 1036 (“Delta Imports”), which held that a motion to quash service of summons is the only method to challenge whether a complaint states a cause of action for unlawful detainer supporting a five‐day summons. However, Borsuk v. Appellate Division of the Superior Court (2015) 242 Cal.App.4th 607, 611‐ 617 (“Borsuk”), disagree...
2020.11.24 Motion for Attorney's Fees 637
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.24
Excerpt: ...is a breach of contract case involving Defendant's breach of the parties' “2015‐2016 Statement of Financial Responsibility.” See 4‐9‐18 First Amended Complaint, Ex. A; 10‐22‐20 Howard Decl., Ex. 3. The agreement contains an attorney's fees clause which provides that the prevailing party in an action to enforce the contract is entitled to recover attorney's fees and court costs. Id. at ¶7 (“Additional Terms of Agreement”). Plain...
2020.11.24 Demurrer 149
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.24
Excerpt: ... action for intentional interference with prospective economic relations is SUSTAINED with leave to amend on the ground that the Complaint does not sufficiently allege an independent wrongful act. “An act is not independently wrongful merely because defendant acted with an improper motive. … [A]n act is independently wrongful if it is unlawful, that is, if it is proscribed by some constitutional, statutory, regulatory, common law, or other de...
2020.11.23 Demurrer 078
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.23
Excerpt: ...eo that there were only two legal rentable units on the property. Id., ¶ 30‐34. At the time Plaintiffs purchased the property, they believed there were three legal and permitted rental units on the property. Following their discovery in 2018, Plaintiffs commenced this suit against their agent, the sellers, and the listing agent. The moving Defendants (“Listing Broker”) demur to Plaintiffs' second, third, fourth, and fifth causes of action ...
2020.11.20 Motion for Determination of Good Faith Settlement 643
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.20
Excerpt: ...sider 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.3d 1251, 1261. While Defendant Duff's motion is bare bones, it does provide sufficient information for the Court to conclude that the settlement is in good faith. Liab...
2020.11.20 Demurrer 916
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.20
Excerpt: ...ocedure section 1005(b), which requires opposing papers to be filed and served at least nine court days before the hearing. November 11, 2020, Veteran's Day, was a legal holiday. However, despite this delay, Defendants timely filed and served their Reply. Therefore, the Court exercises its discretion to still consider Plaintiffs' Opposition, but reminds Plaintiffs in the future to timely file and serve their papers or else they may not be conside...
2020.11.20 Demurrer 563
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.20
Excerpt: ... 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 statements of fact.” Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7 (citations omitted); Evidence Code § 452(d). T...
2020.11.19 Motion to Reclassify Action 817
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.19
Excerpt: ...rom November 4, 2020, to November 19, 2020. Plaintiff had sufficient time to respond to Defendant's Opposition and no prejudice has been demonstrated. This Court exercises its discretion in determining whether to grant a motion for reclassification. Stern v. Superior Court (2003) 105 Cal.App.4th 223, 231. Since the initial time for defendant to respond to the complaint has passes (and Defendant has answered), this Court decides the motion pursuan...
2020.11.19 Motion to Disqualify Counsel 378
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.19
Excerpt: ... on July 15, 2019. Defendant's counsel, Joseph Siguenza, has been an attorney in the law offices of Defendant for 29 years. Siguenza Decl., ¶¶ 1, 2. Mr. Siguenza signed the answer on behalf of Defendant. Plaintiff claims he discovered the conflict of interest in April of 2020 when discussing discovery responses with his counsel. On July 20, 2020, Plaintiff filed this motion to disqualify. Plaintiff contends defense counsel, Mr. Siguenza and his...
2020.11.18 Demurrer 627
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ...k of Am., N.A. (2015) 243 Cal. App. 4th 1293, 1305–06 [tender not required when claim is based on allegations that Defendant foreclosed during time that plaintiff was seeking loan modification].) B. First Cause of Action (Wrongful Foreclosure) Demurrer to the first cause of action is sustained. An element of the claim for wrongful foreclosure is that the foreclosure sale occurred. (Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4t...
2020.11.18 Motion for Summary Judgment, Adjudication 495
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ... seventh and eighth causes of action with prejudice on September 23, 2020. Thus, Defendant's motion for summary judgment is moot as to those claims. First Cause of Action – Wrongful Constructive Termination As to the First Cause of Action for “wrongful constructive termination,” Plaintiff must show that he resigned as a result of intolerable working conditions, and that those working conditions violated public policy. (See CACI No. 2432.) D...
2020.11.18 Motion for New Trial 870
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ...im of newly discovered evidence, Plaintiff notes that, just prior to the Court's ruling granting Dane's motion for summary judgment, Frederick Tate, a Target employee, testified at his deposition that Dane sent a representative to Target on a quarterly basis in 2016 to perform “preventative maintenance” on the smartKART shopping carts. According to Plaintiff, this evidence suggests that Dane did, in fact, have possession and control over the ...
2020.11.18 Motion to Seal 438
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ...ration and Proposed Order. The court starts with the presumption that court records are open unless confidentiality is required by law. (See Cal. Court Rule 2.550(c).) A court may order that a record be filed under seal if it expressly finds facts establishing that: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability...
2020.11.17 Motion to Seal Record 846
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.17
Excerpt: ...uires and Michael Mengarelli, and Notice of Motion and Motion to Enforce Settlement Agreement, all filed on March 11, 2020, is DENIED. A motion to seal records must include a declaration “containing facts” sufficient to justify the sealing. (CRC Rule. 2.551(a)(1); see also Rule 2.550(d) [court may grant motion only if it “expressly finds facts” establishing grounds justifying sealing. The present motion seeks to seal portions of documents...
2020.11.17 Motion to Compel Production of Business Records 697
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.17
Excerpt: ...to be made no later than 60 days after the completion of the record. Here the record was completed on May 4, 2020 when a response including only objections was provided to the deposition subpoena. This Motion was filed more than 60 days later on September 10, 2020. The Vogt declaration provides evidence that the Deponent represented that the lack of responsive documents was because of a need for more time to produce the documents. Defendants argu...
2020.11.16 Motion to Contest Designation of Certain Docs as Subject to Privilege 501
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.16
Excerpt: ...Plaintiff ancey sent and received documents to and from Defendant IRA Services' principals, including Defendant Edwin Blue and company counsel. During discovery in this case, Yancey produced to Defendants eleven (11) documents over which Defendant IRA Services, Inc. has asserted attorney‐client privilege and work product protection. IRA Services identified the eleven documents on a privilege log, and requested that Yancey return them. Yancey re...
2020.11.16 Motion to Compel Production of Docs 362
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.16
Excerpt: ...s is denied. A. The Motion Is Untimely. Discovery motions must be heard no later than 15 days before the initial date set for trial. (Code of Civ. Proc. § 2024.20, subd. (a).) The initial trial date was June 4, 2020. The matter was continued to July 27, 2020 and again to September 21, 2020. Both continuances specified that all discovery deadlines would be based on the new trial date. Based on the September 21, 2020 trial date, the deadline to he...
2020.11.13 Motion to Compel Arbitration and Stay Litigation 455
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.13
Excerpt: ...al pursuant to the terms of their insurance contract as mandated by Insurance Code § 2071, the appraisal would be mandatory. See Doan v. State Farm Gen. Ins. Co. (2011) 195 CalApp.4th 1082, 1093. The question for this motion is whether the Court must grant a request made after the Plaintiffs filed a lawsuit and litigated it for a year, including conducting discovery and holding an Informal Discovery Conferences with the Court. The parties have n...
2020.11.13 Demurrer 732
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.13
Excerpt: ...lationship to an insured – in this case, Defendant MIS – can be liable to the insured for a breach of the implied covenant of good faith and fair dealing. This issue was addressed in Tran v. Farmers Group, Inc. (2002) 104 Cal.App.4th 1202. The parties disagree, however, with respect to whether the decision in Tran applies to the facts of this case. In Tran, an insured brought an action against attorneys‐in‐fact of a reciprocal insurer/int...
2020.11.12 Motion to Quash Service of Summons 252
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.12
Excerpt: ...pecific personal jurisdiction over them, claiming they do not have the necessary minimum contacts with this forum. According to Defendants, “the Complaint is devoid of any facts that establish the Lewiners ‘purposefully availed themselves' of California's benefits, or that the controversy is related to any of the Lewiners' extremely limited contacts with California.” MPA, p.3. However, Plaintiffs' verified Complaint alleges that Plaintiff I...
2020.11.12 Motion for Judgment 513
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.12
Excerpt: ...facts and supporting evidence establishes a prima facie showing that Defendant CHICAGO TITLE did not breach any duty that it owed to Plaintiff. Plaintiff has not demonstrated that a triable issue of material fact exists. Escrow instructions govern the rights and liabilities of the parties and the escrow holder. The parties are entitled to only the performance that is provided in their instructions, and the escrow holder is obligated to perform on...

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