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2019.4.17 Motion to Disqualify Counsel 832
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.4.17
Excerpt: ... client in the same “or a substantially related matter” if the lawyer received information from the prospective client “that could be significantly harmful to that person in the matter.” (Rules of Prof. Conduct, Rule 1.18(b), (c).) Here, Plaintiff does not sufficiently demonstrate that the alleged confidential information shared with Perkins Coie during a May 4, 2017 telephone conversation involves the same or “substantially related mat...
2019.4.16 Demurrer 571
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.4.16
Excerpt: ...nd claims was, and still is, the rightful owner of the membership interest in 1893, and was and still is, entitled to the possession of the following personal property: the membership interest in 1893.” [4ACC, ¶ 68] Under this cause of action, the complaint further alleges the Ceccatos intended to “convert 1893's membership interest for themselves.” [4ACC, ¶ 70] The complaint states, “As a direct and proximate result of Ceccato and Mont...
2019.4.15 Motion to Strike or Tax Costs 131
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.4.15
Excerpt: ... party in interest, it does not have standing to seek costs. Because the named Defendant is deceased, counsel cannot act on his behalf to seek costs. As the moving papers note, it is wellestablished that “The authority of an attorney necessarily ceases with the death of the client, for no one can act for a dead man. After the death of the client, his attorney therefore becomes a stranger to the proceedings.” Swartfager v. Wells, 53 Cal.App.2d...
2019.4.12 Motion for Summary Judgment, Adjudication 069
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.4.12
Excerpt: ...low, the Court cannot resolve these disputed issues as a matter of law. First, the record contains sufficient evidence of negligence to withstand summary judgment/adjudication. The underlying facts appear largely undisputed. Defendants represented Plaintiffs/sellers in two 2012 real estate transactions, the first of which fell through. In the first transaction (involving potential buyer McLaughlin), Defendants received and reviewed a preliminary ...
2019.4.11 Special Motion to Strike 152
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.4.11
Excerpt: ... petitioning activity. Plaintiff's complaint alleges an unlawful detainer cause of action based on failure to pay rent and failure to cure following notice of default. Defendant's declaration asserts that “this lawsuit is a retaliatory eviction lawsuit for expressing my First Amendment right for free speech in connection with the public interest after I called the police and reported Mr. Victor Scheff for yelling into my face from a close dista...
2019.4.11 Motion to Set Aside Default 971
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.4.11
Excerpt: ...CrossComplainant McLean's contention, the mandatory provision of § 473(b) does not require a showing of excusable neglect. Further, even had there been no attorney declaration, Abaunza's own neglect/failure to timely respond to the Cross‐Complaint after his attorney withdrew was excusable. After Mr. Hecht substituted out of the case on 10‐25‐18, Abaunza obtained new counsel within about four months, who promptly sought relief from the defa...
2019.4.10 Motion to Strike 731
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.4.10
Excerpt: ...wing that the relevant portions of the complaint arise from protected freedom of petition or free speech activity under the United States Constitution or the California Constitution in connection with a public issue pursuant to Code of Civ. Proc. Section 425.16(b)(1). If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court's ruling fo...
2019.4.10 Demurrer 187
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.4.10
Excerpt: ...asserted in Raval v. Wells Fargo Bank, San Mateo County Superior Court case number 18 CIV 00308, or are based on the same primary rights that were asserted in case number 18 CIV 00308. The plaintiffs and the demurring defendants in this action are identical to the parties in the prior action. The prior action ended with Judgment of Dismissal against Plaintiffs after demurrer was sustained without leave to amend. The judgment in that action is fin...
2019.3.29 Motion to Enforce Settlement 203
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.29
Excerpt: ...rsuant to Code Civ. Proc. §664.6. The motion appears to have merit. The Opposition only argues the Court lacks jurisdiction because Plaintiffs filed a 10‐29‐18 Request for Dismissal without requesting that the Court retain jurisdiction to enforce the Settlement Agreement. That issue, however, is now moot because the Court is granting Plaintiffs' related Motion for Relief from Dismissal under Code Civ. Proc. §473(b). The Opposition does not ...
2019.3.29 Motion for Relief from Dismissal 203
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.29
Excerpt: ...al, filed 02‐14‐19, is GRANTED. Code Civ. Proc. §473(b); Basinger v. Rogers & Wells (1990) 220 Cal.App.3d 16, 21; see also The Rutter Group: Civ. Proc. Before Trial, §12:982 (“Where a settlement agreement provides the court may retain jurisdiction to enforce the settlement, but the dismissal fails to provide for retained jurisdiction, plaintiff's remedy is to move to vacate or modify the dismissal under CCP §473(b) for ‘mistake, inadve...
2019.3.28 Demurrer 752
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.28
Excerpt: ... state facts sufficient to support a cause of action. The First Amended Complaint fails to allege any facts with respect to Plaintiffs Marquetta Benton and Marquel Benton. Also, the First Amended Complaint attaches the form for one cause of action for general negligence. The elements of a negligence claim are: (1) a legal duty of care toward the plaintiff; (2) a breach of that duty; (3) legal causation; and (4) damages. (Century Sur. Co. v. Crosb...
2019.3.28 Motion for Summary Judgment 830
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.28
Excerpt: ...usiness owners policy].” [Opposition, p.11] AMCO notes that “TDIC concedes that its BOP Policy does cover ‘Tenant Improvements and Betterments,'” and asserts that a portion of the sums AMCO paid were for improvements covered by the business owners policy issued by TDIC to Endodontics Associates. TDIC responds that AMCO “has failed to produce admissible evidence supporting such a claim.” [Reply, p.9] It also contends that “the partie...
2019.3.26 Demurrer 215
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.26
Excerpt: ...nder CCP §1632. That section provides, in pertinent part, as follows. (b) Any person engaged in a trade or business who negotiates primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, orally or in writing, in the course of entering into any of the following, shall deliver to the other party to the contract or agreement and prior to the execution thereof, a translation of the contract or agreement in the language in which the contract o...
2019.3.26 Motion to Vacate Default, Judgment 777
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.26
Excerpt: ... Dec. 2015 notifying them of an address change and thereafter had no further interaction with Plaintiff or the court until after judgment was entered against him in early 2018. Defendant concedes he did not notify the court of a change of address, as required by CRC 8.32. By his own account, Defendant intermittently monitored the case on the court's website/docket in 2016 and 2017, but thereafter stopped. Defendant admits he could have contacted ...
2019.3.26 Motion to Strike Answer 044
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.26
Excerpt: ...e section 435.5 is based on an incorrect reading of the Code of Civil Procedure. Moving party's Reply brief contends that the meet/confer requirement is inapplicable because the motion is pursuant to sections 128(a) and 436. Section 128(a) merely identifies the court's general powers; it has nothing to do with a motion to strike. Section 436 authorizes a motion to strike. However, section 435.5 provides that the moving party must meet and confer ...
2019.3.25 Motion to Disqualify Counsel 832
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.25
Excerpt: ...th interests materially adverse to those of a prospective client in the same “or a substantially related matter” if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter.” (Rules of Prof. Conduct, Rule 1.18(b), (c).) Plaintiff contends that Defendant Chew failed to close escrow on the sale of Chew's property after consulting with Perkins Coie. Plaintiff contends that cer...
2019.3.25 Motion for Sanctions 858
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.25
Excerpt: ...o the settlement, or (2) had no intention of honoring the terms of the settlement, or (3) allowed the motion to be filed because it intended to cause a delay of the trial or delay performance on the settlement causing additional damage to Elevation.” [MPA, p.3] Elevation, however, has failed to set forth sufficient facts to establish that Terrace acted for the sole purpose of harassment or delay. Counsel for Terrace asserts in his declaration t...
2019.3.25 Motion for Leave to Amend 407
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.25
Excerpt: ...ing KW's Demurrer to the fraud cause of action in Plaintiffs' original Complaint, on grounds Plaintiffs had alleged no underlying facts supporting their conclusory allegation that KW ratified/authorized Defendant Yu's conduct (Civ. Code § 2339), and had alleged no facts supporting employer liability under the doctrine of respondeat superior. The 12‐6‐18 Order granted Plaintiffs leave to amend to allege, if they could, a fraud claim against K...
2019.3.22 Motion for Judgment on the Pleadings 418
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.22
Excerpt: ...1) Defendant entered into an account with Bank of America, (2) Defendant authorized all transactions on the account, (3) the present balance is $5,005.59, and (4) Defendant's last payment on the account was on April 16, 2017. These admissions are sufficient to establish amount of a debt, but not sufficient to entitle Plaintiff to judgment on the pleadings. B. The Motion Fails to Dispose of Any Cause of Action. The complaint alleges three common c...
2019.3.22 Motion for Summary Adjudication 828
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.22
Excerpt: ... to Evidence Code Sections 403, 702, 1401, and 1402, and California Rules of Court Rule 3.1110(g). The assertion that the March 17, 2015 agreement, including both the English translation and the Chinese language version, was prepared by SUE is not supported by the evidence currently before the court. The remainder of Defendant's evidentiary objections are OVERRULED. Plaintiff's Motion for Summary Adjudication is DENIED pursuant to Code of Civ. Pr...
2019.3.21 Motion to Compel Further Responses 203
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.21
Excerpt: ...1, is ruled on as follows: The motion to Request nos. 12‐16 is GRANTED. The County establishes good cause for production of these documents. (See C.C.P. § 2031.310(b)(1).) Once good cause is shown, the burden shifts to the responding party to justify the objection. (Kirkland v. Sup. Ct. (2002) 95 Cal.app.4th 92, 98.) Here, Jane Doe #1 failed to oppose this motion, and therefore has not justified her objections. The motion to Request no. 17 is ...
2019.3.20 Motion for Leave to File Complaint 483
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.20
Excerpt: ...detect the wrongful acts of Clark. A. The Proposed Cross‐Complaint Appears to State a Cause of Action. Generally, whether a pleading states a cause of action should be decided by demurrer, not on a motion for leave to file the pleading. For purposes of this motion only, the Court declines to apply the case of Jaffe v. Huxley Architecture (1988) 200 Cal.App.3d 1188. The same court that decided Jaffe later limited that case to its facts. (See Pla...
2019.3.19 Motion for Assignment Order 653
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.19
Excerpt: ...sufficient evidence to establish that Judgment Debtor has the right to any payment from Momentum Auto Group, Inc. and Fairfield CJD, LP. The declaration of Plaintiff's account manager, Pliny Jones, states that declarant is informed and believes that Defendant is entitled to receive income from these entities as an independent contractor based on an internet search performed. However, declarant fails to set forth any facts to support how declarant...
2019.3.19 Petition to Compel Binding Contract Arbitration 149
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.3.19
Excerpt: ...ion to Compel Arbitration and Stay Action is DENIED. Plaintiff waived his right to compel arbitration. Plaintiff complied with Code of Civil Procedure section 1281.5 by alleging that he does not waive the right to arbitrate and intends to move, within 30 days after serving the Complaint, to compel arbitration. (Code of Civ. Proc. Sect. 1281.5, subd. (a); see Complaint at 12:13‐20.) Section 1281.5 requires that “within 30 days” after serving...
2019.3.18 Demurrer 872
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.18
Excerpt: ...ce of the complaint; it is not enough that the complaint shows merely that the action may be barred. McMahon v. Republic Van & Storage Co., Inc. (1963) 59 Cal.2d 871, 874. Here, the statute of limitations bar appears clearly on the face of the Verified Complaint as Plaintiff admits that he waited nineteen years to assert a claim to the Subject Property. The discovery rule does not save Plaintiff's claims. It is the discovery of facts, not their l...
2019.3.15 Motion to Compel Verified Answers, for Sanctions 701
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.15
Excerpt: ...RULING: The Motion of Plaintiff Bonnie Rodemeyer (“Plaintiff”) and proposed additional Plaintiffs Kristina L. Nelson, Michael J. Rodemeyer and Edward E. Rodemeyer, III (“proposed Plaintiffs”) to Compel Defendant Jim Heldberg dba Silicon Segway to Serve Verified Answers and for Issuance of Monetary Sanctions is ruled on as follows: This motion purports to be brought by the proposed Plaintiffs, who are not yet parties to this action. Theref...
2019.3.15 Demurrer 581
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.15
Excerpt: ...the entire cause of action for failure to allege the legal description of the property and failure to allege tender of the outstanding debt. The allegation of tender is not excused; Plaintiff fails to allege facts showing that the sale was void. B. Third Cause of Action (Breach of Implied Covenant) Demurrer is SUSTAINED. Of the implied covenant of good faith and fair dealing, the pleading fails to allege a breach. The acts of which Plaintiffs com...
2019.3.15 Motion to Set Aside and Vacate Default Judgment, Enter Another and Different Judgment 922
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.15
Excerpt: ...ndant's motion is procedurally defective as it fails to include a copy of the answer or other pleading proposed to be filed in this action. Code Civ. Proc. §473(b). If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice...
2019.3.15 Petition to Compel Mandatory Arbitration, to Stay 397
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.15
Excerpt: ...e of whether the existence of Defendants, who are necessary parties to Plaintiffs' claim for partition, but who are non‐signatories to the arbitration provision of the Bagnarols' LLC operating agreement, precludes the Court from determining that Plaintiffs' claim is subject to arbitration pursuant to the arbitration agreement. Because Plaintiffs have not presented authority indicating that the existence of third parties precludes application of...
2019.3.15 Motion to Compel Production of Independent Medical Examiner Report 701
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.15
Excerpt: ... Motion of Plaintiff Bonnie Rodemeyer (“Plaintiff”) and proposed additional Plaintiffs Kristina L. Nelson, Michael J. Rodemeyer and Edward E. Rodemeyer, III (“proposed Plaintiffs”) to Compel Defendants Jim Heldberg and Professional Computing Solutions, Inc. dba Silicon Segway (“Defendants”) to Produce Independent Medical Examiner (“IME”) Report is ruled on as follows: This motion purports to be brought by the proposed Plaintiffs, ...
2019.3.14 Motion to Compel Responses, Request for Monetary Sanctions 828
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.14
Excerpt: ...019. There are no acts for the Court to compel. The sufficiency of the objections and responses are not at issue in the present motion since the motion is pursuant to Code of Civil Procedure sections 2030.290 and 2031.300 and not 2030.300 or 2031.310. (See Notice of Motion.) Defendant's Motion to Compel Production of Documents is DENIED. A motion to compel production of documents is proper when a party responds that he will comply with the reques...
2019.3.11 Motion to Quash or Limit Deposition Subpoena, for Protective Order 001
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.11
Excerpt: ... Proc. §1987.1. These subpoenas seek information that is protected by Plaintiff's privacy rights. In Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, the Court barred disclosure of “personnel… or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” Id. at 529; see Cal. Const., Article I, §1. Defendants fail to demonstrate a compelling need for the production of these documents...
2019.3.11 Motion for Judgment on the Pleadings 228
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.11
Excerpt: ...d cause of action against Defendant. All of Plaintiffs' claims against Defendant are barred by res judicata. Res judicata gives certain conclusive effect to a former judgment in subsequent litigation involving the same controversy. (Boeken v. Philip Morris USA, Inc. (2010) 48 Cal.4th 788, 797.) Claim preclusion operates as a bar to a second lawsuit between the same parties on the same cause of action. (Id.) The elements for claim preclusion are: ...
2019.3.8 Motion for Judgment on the Pleadings 728 (2)
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.8
Excerpt: ...ngs if “the complaint does not state facts sufficient to constitute a cause of action against that defendant.” Code Civ. Proc. § 438(c)(1)(B)(ii). “The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. Where the motion is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of ...
2019.3.8 Motion for Judgment on the Pleadings 728
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.8
Excerpt: ...arnered the requisite two‐thirds of the vote to pass, pursuant to Gov. Code §§ 53326(b) and 53328; and (2) Whether the CFD boundary map was fatally defective because it includes “openspace” territory without Plaintiff's consent, in violation of Gov. Code § 53312.18(a). As to the first issue, the Court finds that the City was not a qualified landowner for purposes of voting in the special election. The City acknowledges that it voted its ...
2019.3.8 Demurrer 730
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.8
Excerpt: ...owledge of falsity, (3) intent to defraud, (4) justifiable reliance, and (5) resulting damage. (Philipson & Simon v. Gulsvig (2007) 154 Cal.App.4th 347, 363). Fraud must be pled with specificity. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.) The plaintiff must allege facts which show how, when, where, to whom, and by what means the representations were tendered. (Ibid.) Here, Plaintiff fails to allege facts sufficient to support a claim f...
2019.3.7 Motion to Transfer and Consolidate Actions 248
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.7
Excerpt: ...tion: (1) Paul McKinnie, et al. v. Phyllis Harrison, et al., Case No. 18CIV04938 (“McKinnie action”), and (2) William Grosso, et al. v. Phyllis Harrison, et al., Case No. 18CIV02540 (“Grosso action”) However, Ms. Harrison has not demonstrated that a transfer order is necessary given that both the McKinnie and Grosso actions were also filed in this court. (See C.C.P. § 403 [“A judge may, on motion, transfer an action or actions from ano...
2019.3.7 Application for Writ of Possession 581
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.7
Excerpt: ...t the sale. As the winning buyer, AJE is the owner of the personal property listed in the UCC‐1 Statements. After the sale, Cross‐defendants remained in possession of the property at the dental office, despite AJE's having purchased the personal property at the sale. AJE estimates that the property is valued at $161,000. Cross‐defendants' Opposition does not contest the estimate. B. Opposing Arguments Lack Merit. NGUYEN contends that the ap...
2019.3.7 Petition for Relief from Provisions of Government Code 945.4 411
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.7
Excerpt: ...lication for leave to present a claim as contemplated by that section. Indeed, Petitioner does not indicate that “application was made to the board under Section 911.4 and was denied or deemed denied,” as required to obtain relief under Gov't. Code § 946.6. As set forth below, Respondent appears to have waived any defense as to the timeliness of Petitioner's claim pursuant to Gov't. Code § 911.3(b). Petitioner submitted a Government Claim o...
2019.3.7 Demurrer 889
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.7
Excerpt: ...ED. All requests for judicial notice are GRANTED. This matter was originally heard on January 24, 2019 at which time the court continued the matter to March 7, 2019 and ordered defendant Suzie Investments, Inc. to comply with CCP §430.41(a)(3) by filing the declaration required by that statute. The Second Declaration of Seth Weiner in Support of Demurrer to Complaint filed on February 1, 2019 satisfies the statute, so the demurrer may now procee...
2019.3.6 Motion to Strike 044
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.6
Excerpt: ...e days before the date a motion to strike must be filed” (Id. sect. 435.5, subd. (a)(2).) The motion to strike must include a declaration setting forth in detail the compliance with section 435.5, or reasons why compliance was not possible. (Id. sect. 435.5, subd. (a)(2) & (3).) Plaintiff's motion fails to comply with these statutory requirements. No declaration is on file. The motion is also possibly untimely. A motion to strike an Answer must...
2019.3.6 Motion to Quash Subpoena 828
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.6
Excerpt: ... Defendant's business records subpoena, which requests records relating to “treatment for any condition” since July 1, 2010 is overly broad, as it makes no attempt to limit its scope to the conditions alleged in Plaintiff's complaint. The scope of the subpoena shall be limited to records relating to the conditions identified in Plaintiff's complaint, including records relating to the treatment Plaintiff sought immediately following the allege...
2019.3.5 Motion to Sanction 355
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.5
Excerpt: ...ons. Under Plaintiffs' reasoning, any litigant could avoid the mandatory 21‐day period merely by waiting until the Court has ruled on a motion and then filing a motion for sanctions. Plaintiffs cite no authority for this interpretation. The interpretation is unreasonable because it would render the waiting period provision meaningless. (See Manufacturers Life Ins. Co. v. Superior Court (1995) 10 Cal.4th 257, 274 (statutes must be construed in m...
2019.3.4 Motion for Judgment on the Pleadings 342
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.4
Excerpt: ...its entirety. The Complaint alleges claims for open book account, account stated, money lent, and money paid at Defendant's request. (Complaint ¶¶ CC‐1(a) & CC‐1(b).) The motion against the entire complaint can be granted only if it defeats all causes of action. The motion is denied because it fails to dispose of three of the four causes of action. A. The Motion Establishes that Defendant Owes $3,321.48 to Plaintiff for “Money Paid.” Th...
2019.3.4 Motion for Summary Judgment, Adjudication 687
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.4
Excerpt: ...�) Cross‐Complaint, is ruled on as follows: (1) Plaintiff's Motion for Summary Judgment, or in the Alternative, Summary Adjudication, to the Complaint is DENIED. Plaintiff fails to meet her initial burden of establishing each element of her causes of action. (See C.C.P. § 437c(p)(1).) Plaintiff not only seeks recovery of the possession of the vehicle, but also seeks damages in connection with all three causes of action alleged. (See Third Amen...
2019.3.1 Motion to Compel Production of Docs, for Sanctions 748
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.1
Excerpt: ...tter. The Court directs Plaintiffs' counsel to file motions separately in the future. A. BLACK PINE GROUP's Motion to Compel JAMES YOUNG to Produce Documents The motion is DENIED. 1. The motion identifies documents that purportedly have not been produced, but the motion does not indicate whether the missing documents are responsive to any document category. Plaintiff's failure to specify the document categories places the burden on the Court to f...
2019.3.1 Motion for Leave to File Supplemental Complaint 353
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.1
Excerpt: ...App.2d 194, 197.) The same policy favoring liberality in amended pleadings applies so that all matters in dispute between the parties may be resolved in a single lawsuit if reasonably possible. (Id.) Plaintiffs seek to supplement the Complaint to include allegations of additional trespasses and nuisances that they have discovered since the Complaint was filed. The only prejudice argued by Defendants is that they have already deposed Plaintiffs an...
2019.3.1 Demurrer 123
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.3.1
Excerpt: ...Memorandum of Points & Authorities, neither Defendant's Notice of Motion nor the Demurrer itself state that the Demurrer is being brought under Code Civ. Proc. § 430.10(a), which is the subsection dealing with subject matter jurisdiction. Thus, the jurisdiction argument was not properly noticed. Further, the cited authority does not establish that the Court lacks subject matter jurisdiction over this breach of contract claim. The Complaint is no...
2019.2.8 Motion to Strike 831
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.2.8
Excerpt: ...rike that portion of the SAC setting forth a cause of action for negligence is GRANTED. Paragraphs 87 through 107 of the second amended complaint are hereby stricken. Ocwen contends the entire SAC should be stricken because it was not timely filed under operation of CRC 3.1320. The court notes, however, there is a split of authority as to whether Plaintiffs must file a noticed motion seeking permission to file the late pleading, or whether the co...
2019.2.8 Demurrer 831
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.2.8
Excerpt: ...ourt previously sustained Ocwen's demurrer to these causes of action and provided Plaintiffs with the opportunity to amend the complaint to plead facts sufficient to state a claim. The court's order provided, in pertinent part, as follows: As to the First Cause of Action for violation of Bus. & Prof. Code 17200, the Demurrer is SUSTAINED WITH LEAVE TO AMEND. This claim is predicated on the alleged HBOR statutory violations and common law claims a...

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