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2024.05.29 OSC Re Dismissal 888
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: ...se Management Or der #21 and Order Severing All Claims By and Against Glynn.” In that order, the Court stayed “all claims and causes of action by and against Robert Glynn Jr. [ ] until compliance with C.C.P. Section 377.41, or further order of this Court.” On January 2 8, 2021, Geisler filed a “Motion to Continue Pending Action Against Decedent's Estate (CCP § 377.41).” In that motion, Geisler stated that Glynn had died on October 5, ...
2024.05.29 Demurrer 598
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: .... (Opp., at pp. 7:228:5.) A defendant may file a demurrer within 30 days after service of the complaint pursuant to Code of Civil Procedure, section 430.40, subdivision (a). The court has broad discretion to consider a late -filed demurrer where the plaintiff's substan tial rights are not affected, the plaintiff has not taken steps to obtain a default, and the plaintiff has not demonstrated prejudice due to the delay. (Jackson v. Doe (2011) 192...
2024.05.29 Motion for Attorney Fees 454
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: ...the Verdiel l Family Trust U/A 5/21/01 (plaintiffs), sued defendants Wai Yip, Cynthia Yip, and WCSZ Partnership (Yip defendants) and others in connection with plaintiffs' purchase from the Yip defendants of a newly built but defectively constructed single - family home for $9 million. Plaintiffs filed this lawsuit on November 17, 2016; the Yip defendants filed a cross -complaint on April 28, 2017, but did not assert claims against plaintiffs. F...
2024.05.29 Motion for Attorney Fees 421
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: ...efend ant filed a motion for attorneys' fees, seeking fees totaling $80,422.69, corrected on April 11, 2024 to $78,922.50. Defendant also filed a memorandum of costs that same day, seeking costs in the amount of $1,129.88. No motion to tax costs was filed. T he January 23, 2012 Settlement Agreement between plaintiffs' predecessorsin - interest and defendant provides for prevailing party fees: If any party to this Agreement shall take any actio...
2024.05.28 Motion for Summary Judgment, to Seal 580
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.28
Excerpt: ...breach of contract claim are : (1) the contract, (2) plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach of the contract, and (4) the resulting damage to plaintiff. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) A cross -complainant has met its burden of showing there is no defense to a cause of action if the cross -complainant has proved each element of the cause of action entitling the party...
2024.05.28 Motion to Compel Production of Docs, for Monetary Sanctions 382
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.28
Excerpt: ... matter to April 23, 2024. At the April 9, 2024 hearing, plaintiff Mary Wang Oskamp, who contests the tentative, appeared and stated that she was not available on April 23. Therefore, the court set the hearing for May 28, 2024 at 2:00 p.m. and the clerk of the cou rt set notice to all parties of the new hearing date. The court will hear argument on the motion on May 28, 2024 at 2:00 p.m. with a Mandarin interpreter present. The Court understands ...
2024.05.24 Motion to Compel Production of Docs 397
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.24
Excerpt: ... various caus es of action related to alleged abuse by former Deputy Probation Officer John Domeniconi. In this particular case, John JV Doe's allegations arise out of conduct that occurred between 2000 and 2003. (Second Amended Complaint (SAC) ¶33, 41.) By this Moti on, Plaintiff seeks records from the San Mateo County Probation Department related to former Assistant Chief Probation Officer Bonnie Macaskill, who has been employed by the Probati...
2024.05.24 Demurrer 496
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.24
Excerpt: ...INED without leave t o amend. Plaintiffs' Complaint alleges that decedent Mrs. Menjivar, the mother of Plaintiffs Salvador and Edgard Menjivar, as well as Defendants Mario and Roberto Menjivar, wrote a will several years prior to her death in which she purported to leave her assets to her four sons equally. Seven years after the will was written, and prior to her death, Defendant Mario Menjivar moved into Mrs. Menjivar's home with her. As relevan...
2024.05.23 Demurrer 714
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.23
Excerpt: ...tion between or dinary and professional negligence “may be relevant and necessary for purposes of statutory construction and application” (Flowers, supra, at 997). The Court of Appeal for the Sixth District persuasively distinguishes the contexts of summary judgment and demurrer, opining that duplicative pleading should be dealt with at trial or upon summary judgment, rather than at the pleading stage. Blickman Turkus, LP v. MF Downtown Sunny...
2024.05.23 Demurrer, Motion to Strike 572
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.23
Excerpt: ...or Negligence and Fourth Cause of Action for Violation of Government Code S ection 815.6 based on failure to allege facts sufficient to support these claims. A governmental entity can only be liable in tort based on an authorizing statute; a public entity cannot be held liable for an injury under common law negligence. (Govt. Code Sect. 815, subd. (a); Stevenson v. San Francisco Housing Authority (1994) 24 Cal.App.4th 269, 279; Guzman v. County o...
2024.05.23 Motion for Summary Judgment 486
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.23
Excerpt: ...ection 437c(b)(1) provides that an MSJ “shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” Under Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, the party moving for summary judgment has the burden of production to make a prima facie showing that there is no triable issue of any material fact. The burden then shifts to the nonm...
2024.05.23 Motion to Quash Subpoena, for Protective Order 886
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.23
Excerpt: ...endant Bai's creditors, including Plaintiff. According to the Complaint, Defendant Lihui Bai fraudulently transferred her interest in real property located in Atherton, California (“the subject property”) to her son, Defendant Yihua Zhu, in order to avoid paying on a judgment entered against her and in favor of Plaintiff in a prior civil action brought by Plaintiff in the People's Republic of China (“PRC”). Defendant Yinhua Zhu now moves ...
2024.05.23 Motion to Set Aside and Vacate Default Judgment, Enter Different Judgment 447
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.23
Excerpt: ...ntiff Elderl y Care Alliance of San Mateo (“the Villa”). (May 10, 2024 Declaration of Tammy Vu (“Vu Decl.”), ¶ 5.) However, the Villa received actual notice sufficient for the Villa to file a timely opposition addressing the merits of the motion. No prejudice appearing therefrom, the Court has considered the motion on its merits. A. Relief from Judgment Pursuant to Code of Civil Procedure § 473, subd. (b) A party may move for relief fr...
2024.05.21 Motion for Summary Judgment, Adjudication 228
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.21
Excerpt: ...the hearing. D epartment 4 is located at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401. (See Cal. Rules of Court, Rule 3.1110 [the Notice “must specify” the location of the hearing].) The Motion for Summary Judgment or, in the Altern ative, Summary Adjudication (the Motion”) brought by Defendants Mills Peninsula Emergency Medical Associates, Inc., and Allan Brody, M.D. (“Defendant Brody”) (collectively...
2024.05.21 Demurrer to FAC 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.21
Excerpt: ...serts a cause of a ction for negligent entrustment against him, on three grounds: (1) mandatory dismissal for failure to serve the summons within three years of filing, (2) statute of limitations, and (3) discretionary dismissal for delay in service and prosecution. The cour t rules on the demurrer as follows: A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint ...
2024.05.21 Motion for Summary Judgment, Adjudication 452
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.21
Excerpt: ...al property, Plaintiffs allege that Plaintiff Lyudmyla Grytsayenko was injured after hitting her head on low scaffolding that had been erected as part of the construction. Plaintiff's Complaint alleges causes of action for (1) negligence and (2) premises liability aga inst all Defendants, including Defendant KBI Painting, Inc. (“KBI”). Defendants Core General Contractors, Inc. (“Core”), Midpen Housing Corporation, and Midpen Property Mana...
2024.05.20 Motion to Strike Allegations 447
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...n alleged oral agreement between the parties to transfer title to a house purchased solely in Defendant's name into the parties' names jointly. The operative verified First Amended Complaint (“FAC”) brings causes of action for (1) quiet title; (2) declaratory relief; (3) partition and accounting; (4) fraud; (5) constructive fraud; (6) negligent misrepresentation; (7) breach of fiduciary duty; (8) imposition of a constructive trust; (9) to e...
2024.05.20 Motion for Summary Judgment 251
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ... the documents and not to the truth of any matter therein (see Middlebrook- Anderson Co. v. Southwest Sav. & Loan Assn. (1971) 18 Cal.App.3d 1023, 1038), and DENIED as to nos. 5– 6 as irrelevant. Plaintiffs JW Properties Development, LLC's and 430 Eddy St. Associates, LLC' s Request for Judicial Notice is GRANTED as to items nos. 1 –2, but only as to the existence of the documents and not to the truth of any matter therein (see Middlebrook -A...
2024.05.20 Motion for Summary Judgment 121
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...l. Rules of Court, rule 3.1110(f)(4).) The trial court has discretion under Code of Civil Procedure section 437c to overlook procedural errors in the moving and opposition papers, if the evidence presented warrants it though. (Zimmerman, Rosenfeld, Gersh & Leeds LLP v. Lars on (2005) 131 Cal.App.4th 1466, 1478.) The Court exercises its discretion to overlook this defect, but Defendant is cautioned to comply with this rule in the future. BACKGROUN...
2024.05.20 Motion for Leave to Conduct Specified Discovery 269
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...tion contained a request for judicial notice of three exhibits. To the extent plaintiff requested this court take judicial notice of exhibits 1 -3 with respect to the instant motion for leave to conduct specified discovery, the request is GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED. (Evid. Code, §§ 452, 453.) On January 16, 2024, plaintiff Hamid Khazaeli in propria persona brought the underlying action arising out of circumstances r...
2024.05.20 Demurrer, Motion to Strike 407
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...OUT LEAVE TO AMEND w ith respect to the First, Second, Third, and Fifth Causes of Action pursuant to Cal. Code of Civil Procedure Sections 430.10(e), 335.1, 340.5, 340(c). The Demurrer to the Fourth Cause of Action for Fraud is SUSTAINED WITH LEAVE TO AMEND to allege a cause of action for fraud, because leave had not been previously granted to add an additional cause of action. Defendants' Request for Judicial Notice is GRANTED pursuant to Cal. E...
2024.05.20 Demurrer 767
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.20
Excerpt: ...r Judicial Notice (RJN) is GRANTED. (Evid. Code Sect. 452(d).) Ferrari N.A.'s dismissal in Case No. 18CIV06808 was without prejudice, and thus does not bar/preclude a subsequent suit against Ferrari, N.A., assuming the statute of limitations has not expired. As Ferrari notes, on 6 -27- 23, in Case No. 18CIV06808 (the “2018 case”), the Court issued an Order dismissing Ferrari N.A. pursuant to Code Civ. Proc. Sect. 583.210(a), which mandates di...
2024.05.17 Motion for Summary Judgment 311
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.17
Excerpt: .... Defendants' o bjection to Plaintiff's Exh. 4 is SUSTAINED in part, in that the text messages contained in the exhibit that discuss offers to pay may not be used to prove liability for breach of contract, though they are admissible to show that the promissory note has no t been paid. Plaintiff objects to the Declaration of Bogdan Ryczkowski as unsupported by proper foundation and substantially hearsay. The foundation and hearsay objections are O...
2024.05.17 Motion for Leave to File FAC 304
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.17
Excerpt: ...osing party. (Hi ggins v. Del Faro (1981) 123 Cal.App.3d 558, 564- 565.) Accordingly, the Motion is only granted with respect to adding parties. The remainder of the Motion is denied for failing to comply with CRC Rule 3.1324. Defendants Cory L. Cooper and Dwell Realtors, Inc.'s (“Defendants”) position regarding the Motion being untimely is obviously well taken. Nevertheless, Defendants have been able to file a substantive response and have ...
2024.05.17 Motion to Strike 419
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.17
Excerpt: ...) Pursuant To CCP §425.16 (Motion or anti -SLAPP Motion) is GRANTED. Defendant Stiles filed a first anti -SLAPP motion regarding the original Cross -Complaint's claim for abuse of process. Cross -Complainant then filed the FACC, which includes as its Ninth Cause of Action a re vised claim for Abuse of Process. This Court granted the anti -SLAPP motion as to the original Cross -Complaint. However, because Cross -Complainant's opposition to tha...
2024.05.17 Petition for Writ of Mandate 156
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.17
Excerpt: ...��nding that Petitioner was driving with a BAC of 0.08% or higher. Although not contested, for completeness, the Court notes that it also finds the evidence supports reasonable suspicion for the stop and probable cause for the arrest and requiring Petitioner to submit to a BAC test. Second, DSO Medina's decision to suspend Petitioner's CDL was supported by her findings. Third, DSO Medina acted lawfully as a neutral factfinder and not as an adv...
2024.05.15 Motion to Award Fees 552
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.15
Excerpt: ...les of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Defendant Real Time's Motion for Attorneys' Fees is GRANTED. On December 18, 2023, the Court granted summary judgment in favor of Real Time and against plaintiff. (Declara tion of Samuel Trakhtenbroit [Trakhtenbroit Decl.], iso Mot. for Attorneys' Fees, ¶ 12; Order Granting Defendants' Motion for Summary Judgment, or Alternatively, Summary Adjudication, file...
2024.05.15 Motion for Attorney Fees 144
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.15
Excerpt: ...n McSharry, et al., 23-CIV -05140, this Court granted a nearly identical anti -SLAPP motion brought by defendant Justin McSharry against plaintiff's nearly identical complaint. Defendants Shah and McSharry are represented by the same counsel. On March 20, 2024, Shah file d an unopposed motion for attorneys' fees. Shah represents that if the Court grants this motion, Mr. McSharry will not seek attorneys' fees. Pursuant to Code of Civil Procedure,...
2024.05.15 Demurrers 923
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.15
Excerpt: ...omplaint no later than ten (10) days after service of notice of entry of the formal order. Defendant Izmirian Family Partners, LP's Request for Judicial Notice is GRANTED as to both items. According to the First Amended Complaint (FAC), sometime in early 2022, Plaintiffs and Cross -defendants Empire Movers USA, Inc. and its chief executive officer Ruslan Vdovin (collectively, Empire) were seeking a commercial space from which Empire could conduct...
2024.05.14 Motion to Compel Responses, to Deem RFAs Admitted 879
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.14
Excerpt: ... Plaintiff by each Defendant, as well as to the Form Interrogatories, Set One, served on Plaintiff by Defendant Bay Area Obstetrics & Gynecology. The pending Amended Notice of Motion and Motion to Compel Responses to Discovery (the “Motion to Compel”) is timely and unopposed. Plaintiff sent an improper ex parte email to Department 4, not copied to Defendants, requesting a 12 -month continuance because she needs time to find an attorney and f...
2024.05.14 Motion to Compel Further Responses 947
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.14
Excerpt: ...iffs AJ Vasquez's and Jessica Vasquez's Further Responses to Requests for Production of Documents is GRANTED in part and DENIED in part. Plaintiffs AJ Vasquez and Jessica Vasquez shall provide further responses and produce all responsive documents in accordance with t hose further responses no later than ten (10) days after service of written notice of the formal order. Defendants Nationwide General Insurance Company and Allied Property and Casua...
2024.05.14 Motion for New Trial 584
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.05.14
Excerpt: ...l; 2. miscon duct of the jury; 3. excessive or inadequate damages; and 4. insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law. (Code of Civ. Proc., § 657, subd. (1),(2),(5),(6).) A motion for new trial asks the court to reexamine one or more issues of fact or law after a trial. (Code of Civ. Proc., §§ 656, 657.) The motion is entirely statutory and the procedural requirements ...
2024.05.13 Motion to Quash and Vacate Entry of Default Judgment 369
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ...ty in South San Francisco against Defendants Mitch Matsuno and Suryadi Koswara. On 3/29/2024, Plaintiff filed proofs of service of summons by personal service for each of the Defendants, purportedly at the property which is the subject of the action (100 Baden Ave #207, South San Francisco). On 3/29/2024, Plaintiff requested clerk's judgment for possession only, which was entered by the clerk on that day. Defendant Suryadi Koswara now moves the ...
2024.05.13 Motion for Summary Judgment 145
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ... subdivision applie s to a motion for summary adjudication though. (See Cal. Rules of Court, rule 3.1350(b).) Plaintiff seeks only summary judgment and does not also seek summary adjudication. (See Plaintiff's Notice of Motion.) Therefore, Rule 3.1350(b) does not apply here. Plaintiff seeks summary judgment to the Third Cause of Action for Breach of Lease, which is the only remaining cause of action in the FAC. The Third Cause of Action alleges b...
2024.05.13 Motion for Judgment on Pleadings 052
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ...d Nov. 3, 2023, i s DENIED. (Code Civ. Proc. Sect. 438.) Defendants' 11 -3 -23 Request for Judicial Notice is GRANTED as to Exhibits 1 -2 and 6 -8 (Evid. Code Sect. 452(d)), and GRANTED as to Exhibits 3 -5 (Evid. Code Sect. 452(c).) As to court -filed documents, the Court takes judicial notice of their filing dates and contents, but not the truth of statements/allegations therein. Plaintiffs' 2 -20- 24 Request for Judicial Notice is GRANTED. (E...
2024.05.13 Demurrer to FACC 067
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.13
Excerpt: ...es, Inc.'s First Am ended Cross -Complaint (“FACC”), filed September 6, 2023, is OVERRULED as follows. Failure to Allege Sufficient Facts The FACC alleges that “On or about November 27, 2019, HOME SAFETY tendered its defense to MUSIC, who denied defense claiming that it owed n o duty to defend or indemnity HOME SAFETY on grounds that HOME SAFETY had purchased its own liability insurance with VGM Insurance Services (“VGM”), and MUSIC's ...
2024.05.10 Demurrer to SAC 518
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...uses of action on the grounds that these claims should be brought derivatively by Plaintiff and she has no standing to bring them as direct claims. Defendant demurs to the third cause of action on the grounds that this claim fails to state facts sufficient to constitute a cause of action. CCP § 430.10(e). Plaintiff's single page, cursory Opposition is without merit A. Legal Standard on Demurrer The purpose of a demurrer is to test the legal suff...
2024.05.10 Demurrer 368
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...ia influencer with an Instagram account through which she manages personal and business matters. In June 2022, Plaintiff realized her Instagram account Anickamcfall was hacked and then deleted. The hacker absconded with $16,000.00 that was held in the monetized accou nt linked to “the social media platform” and further held the accounts hostage to extort Plaintiff into paying money to restore them. The hacker did so by impersonating Instagra...
2024.05.10 Motion to Compel Production of Docs for Inspection 397
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...ious causes of action related to alleged abuse by former Deputy Probation Officer John Domeniconi. In this particular case, John JV Doe's allegations arise out of conduct that occurred between 2000 and 2003. (Second Amended Complaint (SAC) ¶33, 41.) By this Motion, Plaintiff seeks records from the San Mateo County Probation Department related to former Chief Probation Officer Stuart Forrest. Forrest was employed by the Probation Department from ...
2024.05.10 Motion to Compel Further Responses 268
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...ollision Inc. shall provide further responses to Plaintiff Joel Gomes' requests for production, set one, Nos. 38 and 46 no later than fifteen (15) days after service of written notice of this motion. Defendant AW Collision of SSF, Inc. shall provide further responses to Plai ntiff Joel Gomes' requests for production, set two, Nos. 39 and 45 no later than fifteen (15) days after service of written notice of this motion. Defendants Bobby Ali and ...
2024.05.10 Motion to Serve Objections to Requests for Production of Docs 536
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.10
Excerpt: ...the imprope r address for the hearing. Department 24 is not located in San Mateo, but instead at the Hall of Justice, Courtroom 2F, 400 County Center, Redwood City, CA 94063. (See CRC Rule 3.1110 [the Notice “must specify” the location of the hearing].) This is like ly moot in light of the fact almost all counsel appear via Zoom, but the Court notes it here just in case and for counsel's future reference. The Court now addresses the merits. T...
2024.05.08 Motion to Strike 457
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.08
Excerpt: ...rule 3.1110 [the Notice “must specify” the location of the hearing].) Defendants Borislav Deianov and Nandita Deianova's motion to strike from plaintiffs' First Amended Complaint (FAC) the last sentence of paragraph 28 and the entirety of paragraphs 3 -5 of the Prayer for Relief is DENIED. 1. Timeliness of Motion It is unclear from the Court's files whether defendants' motion to strike is timely. Plaintiffs' FAC naming defendants Borislav De...
2024.05.08 Motion to Bifurcate 289
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.08
Excerpt: ... notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The purpose of Section 598 is ...
2024.05.08 Motion for Attorney Fees 399
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.08
Excerpt: ...ctions 2698, et seq. The case was tried in two phases — liability and damages. On January 11, 2024, the Court issued a judgment in favor of plaintiff and against defendants Sunnyvale Massage, LLC and Lisa Meteyer (defendants) in the amount of $389,880. (Declarat ion of Stan S. Mallison [Mallison Decl.], ¶¶ 2- 8.) The Court denied defendants' motion for a new trial on March 26, 2024. A. Plaintiff's Request for Attorneys' Fees is Reasonable Pla...
2024.05.08 Demurrer 951
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.08
Excerpt: ...written noti ce of entry of order. (Code Civ. Proc., § 472b; Cal. Rules of Court, rule 3.1320(g).) Defendant Google's March 21, 2024 Request for Judicial Notice is GRANTED as to Exhibit A (website Terms of Service) (Evid. Code, § 452, subd. (h), and GRANTED as to Ex hibits B -G (court -filed documents) (Id., § 452, subd. (d).) A. Preliminary Matters 1. Defendant's Failure to Meet and Confer Defendant Google has not complied with the meet and ...
2024.05.06 Motion for Summary Judgment, Adjudication 752
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...s here for summary judgment on the grounds that each claim of the First Amended Complaint (the “FAC”), which asserts causes of action for violations of the Fair Employment and Housing Act (the “FEHA”) in a single count, are timebarred. The County also moves for summary adjud ication of pre-2015 violations of the FEHA in the alternative. In support of both grounds, the County contends that Plaintiff Catherine Baker failed to exhaust her ad...
2024.05.06 Motion for Summary Judgment, Adjudication 643
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...l notice only as to the existence of these records, and not as to the truth of the factual matters contained therein. (Dominguez v. Bonta (2022) 87 Cal.App.5th 389, 400.) For the following reasons, however, Defendants' Motion for Summary Judgment and/or Summary Adjudicat ion is continued to August 19, 2024. In the operative Third Amended Complaint, Plaintiff alleges, in short, that the parties entered into a settlement agreement in 2015 resolving...
2024.05.06 Motion for Leave to File Amended Complaint 905
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...o exercise discretio n liberally to permit amendment of pleadings. (Code Civ. Proc. Sect. 473; 576; Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.) Relevant procedural history. On July 10, 2023, the Court sustained, in p art, Defendant Tesla's Demurrer to Plaintiff's Third Amended Complaint, with respect to the second, third, fourth, fifth, and sixth causes of action therein, without leave to...
2024.05.06 Demurrer 642
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.05.06
Excerpt: ...ions 426.30( a), 430.10(e). Defendants' Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code Section 452(d). Cal. Code of Civil Procedure Section 426.30(a) provides: “Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross -complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such ...
2024.05.03 Demurrer to TAC 852
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.03
Excerpt: ...ted two additio nal supplemental briefs and this tentative addresses those additional arguments and evaluates several authorities not cited in the last tentative and expands upon some authorities cited before. The Court very much appreciates the parties' additional work. The Court GRANTS the parties' requests for judicial notice. Evid. C. §§451 - 453. This action concerns the founding of two aerospace companies: “Original Firefly,” in whic...

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