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2019.10.11 Motion for Summary Adjudication 724
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.11
Excerpt: ...ute of limitations defense bars this Cause of Action as a matter of law. Additionally, triable issues of material fact exist pursuant to Code of Civ. Proc. Section 437c as to the substantial nature of alleged stream diversions, including with regard to SSUMF numbers 2, 4, 6, 9, 15, and 16. Plaintiffs' dispute of these facts are supported by the depositions of Deleon, Leicester, Lt. Ober and Randi Adair and the declaration of Crystal Chau. As to t...
2019.10.11 Motion for Leave to File Amended Complaint 008
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.11
Excerpt: ...pposition brief, filed 9‐30‐19. Defense counsel is reminded to comply with the service requirements set forth in Code Civ. Proc. § 1005(b)‐(c) (Opp. briefs must be served by means of next‐day delivery). Plaintiff seeks leave to file a FAC adding a new Defendant (Fidelity National Title Co., or FNTC) and several new causes of action, all based on the alleged non‐disclosure of an additional easement encumbering the property (the “1954 ...
2019.10.10 Motion to Seal Records 920
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.10.10
Excerpt: ...t the privacy interest. Absent sealing, the private information would be publicly available. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...
2019.1.31 Motion to Compel Further Responses, Request for Monetary Sanctions 405
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.31
Excerpt: ...cessary to prove his one‐line allegation that “at all relevant times, LOSK and HDC were alter egos of each other.” (Complaint ¶7.) Under California law, to invoke the alter ego doctrine, a plaintiff must show (1) that there is such a unity of interest and ownership that the separate personalities no longer exist, and (2) if a separate corporate existence is acknowledged, an “inequitable result” will follow. Automotriz v. Resnick (1957)...
2019.1.31 Motion for Summary Judgment, Adjudication 664
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.31
Excerpt: ...ncurred a negative balance of $7,583.78 as of 12‐ 27‐16, and breached the agreement by failing to pay the amount owed. The burden shifted to Defendant to come forward with evidence creating a triable issue of fact as to the asserted claims, which Defendant has not done. The motion is unopposed, and none of Plaintiff's asserted material facts is disputed. Plaintiff must seek costs and attorney's fees via a post‐Judgment Memorandum of Costs a...
2019.1.31 Motion for Summary Judgment, Adjudication 329
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.31
Excerpt: ...l causes of action alleged against the moving party. As set forth below, the motion does not dispose of all of Plaintiff's claims. B. Objections to Evidence. The Court exercises its discretion to not rule on Safeco's objections. None of the evidence to which Safeco objects was material to disposition of the motion. (Code of Civ. Proc. Sect. 437c, subd. (q) (court need rule “only on those objections to evidence that it deems material to its disp...
2019.1.31 Motion for Summary Judgment 669
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.31
Excerpt: ...e years of seizure of the property as required by Health & Safety Code §11488.4(i)(3). As a result of the order deeming facts to be admitted, interested party admitted that Case No. 16‐NF‐ 014461‐A is the underlying and related criminal case within the meaning of Health & Safety Code §11488.4(i)(3). Petitioner offers no evidence of a conviction in that case. While petitioner provides evidence of a conviction in a different case, that conv...
2019.1.31 Motion for Determination of Good Faith Settlement 865
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.31
Excerpt: ... sufficient evidence to determine that the settlement is within the range of the settling defendant's proportionate share of liability. There is no evidence as to an approximation of Cross‐complainant TOT's total recovery nor Ruby Plumbing's proportionate share of that liability. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Ruby Plumbing and Electrical Supply, Inc. shall prepare a writt...
2019.1.30 Petition to Compel Mandatory Arbitration or Motion to Compel Arbitration and Stay Proceedings 397
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.30
Excerpt: ...ablished the existence of an arbitration agreement, and there is no basis to deny enforcement of the agreement under CCP §1281.2. Plaintiffs do not dispute that their claims for breach of fiduciary duty and dissolution of the A Family Affair Elder Care LLC are subject to arbitration under the LLC's operating agreement. They contend, however, that the claims for partition of the Vera and Canyon properties are “non‐arbitrable” and that, as a...
2019.1.30 Motion to Deem Requests for Admission Admitted, for Monetary Sanctions 925
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.30
Excerpt: ...d responses have been served, no POS nor any evidence regarding the date or method of service was provided. In addition, the copies of the responses attached to the declaration of Benjamin Graves do not include a verification as to Sets Two and Three. Unverified responses are the equivalent of no response at all. Appleton v. Superior Court (1988) 206 Cal.App.3d 632. The request for sanctions is also GRANTED pursuant to CCP §2033.280(c). Plaintif...
2019.1.30 Motion for Prejudgment Possession and Order to Tax Collector 455
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.30
Excerpt: ... the real property identified as San Mateo County Assessor Parcel Nos. 009‐413‐010 and 009‐413‐020, which are more accurately depicted in the legal description and map attached to the City's Complaint filed in this action (“Property”), by eminent domain. The City has deposited, pursuant to Article I of Chapter 6 of Title VII of the Code of Civil Procedure (commencing with Section 1255.010) an amount that satisfies the requirements of ...
2019.1.29 Motion to Compel Further Responses 991
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.29
Excerpt: ... to Plaintiff's Request for Production of Documents from Defendants Stephanie Chenevert and Luis Balenko (“Defendants”) and Request for Monetary Sanctions is DENIED as untimely. Any party shall be entitled as a matter of right to have motions concerning discovery heard on or before the 15th day before the date initially set for the trial of the action. (C.C.P. §2024.020(a).) In this case, the hearing on this motion is set 13 days before the ...
2019.1.29 Demurrer 479
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.29
Excerpt: ... Sandoval Torres wanted for all of her children is a sufficient allegation that Plaintiffs were recipients of an express testamentary gift, which was denied to them due to the errors of the drafting attorney, when taken as true for purposes of demurrer, to establish that Defendant owed a duty to Plaintiffs. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written ord...
2019.1.28 Motion for Attorney Fees 441
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.28
Excerpt: ...es. Mr. Gross's declaration states that “The timekeepers listed [in the summary sheet of fees incurred] include attorneys Daniel Tobin, Elisabeth Connell, Tanya Taylor, myself and paralegal Karen Miller. The billing rates charged for each timekeeper are reasonable rates for lawyers and paralegals with commensurate experience litigation similar actions in California.” Gross Decl., ¶ 6. Plaintiff, however, has not submitted declarations from t...
2019.1.28 Motion for Undertaking 863
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.28
Excerpt: ...action. (C.C.P. § 1030(a).) The court shall order the undertaking if the moving defendant establishes through evidence that: (1) the plaintiff is an out‐of‐state resident, and (2) that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding. (C.C.P. § 1030(b).) If the court determines that the grounds for the motion have been established, the court shall order that the plaintiff f...
2019.1.28 Motion to Compel Deposition to Person Most Qualified 329
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.28
Excerpt: ...RUSTEE, JAMES E. SALVEN TENTATIVE RULING: Plaintiff's motion to compel appearance at deposition and to produce documents is GRANTED. Safeco offers four grounds for refusing to appear for deposition. None has merit. A. Duplicative Deposition. Safeco's first objection is that the deposition of Safeco is duplicative, since Plaintiff has already taken depositions of four Safeco employees, Ms. Hoelscher, and three of her attorneys. Deposition of a cor...
2019.1.25 Motion to Set Aside, Vacate Default and Judgment 828
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.25
Excerpt: ...s not reasonable. As with the defendant in Hopkins v. Carley, 200 Cal. App. 4th 1401 (2011), Defendant did not exercise reasonable diligence in arranging for his defense. As the court noted in that case: . . . Before a defendant can secure relief under section 473(b) based on a failure to adequately defend himself, he must show that “‘in arranging for his defense ... he has exercised such reasonable diligence as a man of ordinary prudence usu...
2019.1.25 Motion for Money Judgment, for Attorney's Fees 268
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.25
Excerpt: ...d in April 2018 and that Darren Wallace has been named Executor of Plaintiff's estate. A probate estate is not a legal entity; it has no capacity to sue. Any litigation for the decedent must be maintained by the executor, administrator, or trustee of the estate. (Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344; Code of Civ. Proc. Sect. 368.5 (decedent's estate may substitute executor or other representative into action as party).) Plaintiff,...
2019.1.24 Motion to Transfer and Consolidate Related Case 133
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.24
Excerpt: ...or coordination under Code of Civil Procedure section 404.1; and the cases are “not complex” under guidelines established by the Judicial Council. (See Code of Civ. Proc. § 403.) The motion does not meet the criteria for transfer and consolidation. A. The Motion Does not Demonstrate Common Questions of Fact. The motion does not show that common questions of fact exist. In the present action, Plaintiff alleges that he was injured when the bus...
2019.1.24 Motion to Compel Further Responses 658
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.24
Excerpt: ...RY HALTEH, TRUSTEES OF THE HALTEH SI & MS 2000 TRUST TENTATIVE RULING: Plaintiff's request for judicial notice that on August 6, 2018 the Agent for Service of Process for PROGRESSLY, INC., resigned and filed a resignation with the California Secretary of State is GRANTED pursuant to California Evidence Code Section 453 as the information is not subject to reasonable dispute. Plaintiff's remaining requests for judicial notice are DENIED. Plaintiff...
2019.1.24 Application for Right to Attach Order, for Issuance of Writ of Attachment 244
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.24
Excerpt: ...ot that it will obtain a judgment against the defendant. Daiho claims Defendant AWD breached the parties' Master Transaction Agreement by failing to pay hundreds of invoices issued to AWD from December 2016 to May 2018. Daiho claims the total principal amount owed under the invoices is $11,502,014.21. Daiho's claim is supported by the declaration of Toru Hosoi, general manager of Daiho's Overseas Division. AWD claims that it made $9,182,517.74 in...
2019.1.23 Motion for Transferring and Consolidation of Civil Actions 691
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.23
Excerpt: ...otion is denied. 1. The Motion Is Procedurally Defective. To coordinate actions that are in different courts, a party may file a Petition for Coordination. The petition for coordination must be submitted to the “Chairperson of the Judicial Council.” (Code of Civ. Proc. §404.) The present motion, even if deemed a “petition,” does not satisfy this requirement. Instead of serving the petition on the Judicial Council, Plaintiff filed it with...
2019.1.23 Motion for Summary Judgment, Adjudication 097
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.1.23
Excerpt: ...D in its entirety. Summary judgment “shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Code Civ. Proc. §437c(c). Summary judgment in favor of a defendant is proper if (1) the defendant shows that one or more elements of a cause of action cannot be established or there is a complete defense to it; and (2) the plaintiff...
2018.8.13 Motion to Compel Further Responses 377
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.13
Excerpt: ... parties have agreed that the court's rulings on lines 4 and 6 of today's calendar shall act as exemplars for this matter and the parties will use the exemplar rulings in resolving this matter between themselves. 2. MOTION FOR AN ORDER COMPELLING FURTHER RESPONSES TO PLAINTIFF CONSUMER ADVOCACY GROUP, INC.'S REQUESTS FOR ADMISSION, SET ONE, FROM DEFENDANT BURLINGTON COAT FACTORY OF TEXAS, INC. AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $...
2018.8.10 Demurrer 456
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.10
Excerpt: ...oint venturers, and shareholders owe fiduciary duties, as do corporate officers/directors, to shareholders. See, generally, CACI 4100. The Complaint here alleges, in a conclusory manner, that Micha and Dalit Lewis owed fiduciary duties to Plaintiff as “majority and controlling shareholders, business partners, principals, joint venturers, or corporate officers or directors.” This conclusory allegation, however, does not appear supported by the...
2018.8.10 Demurrer 956
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.10
Excerpt: ...g whether an agreement could be reached to resolve the objections to be raised in the demurrer. Consequently, the hearing on the demurrer is continued to September 11, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. The demurring party is required to file, no later than 7 days prior to the new hearing date, a code‐compliant declaration stating either (1) the parties have met and conferred and (a) the ...
2018.8.10 Motion for Judgment on the Pleadings 469
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.10
Excerpt: ...imeliness (Code Civ. Proc. § 438(e)) and failure to meet and confer (Code Civ. Proc. § 439(a)). The motion fails on its merits. The Court finds that Defendant / Cross‐ Complainant TORA HOLDINGS, INC.'s First Cause of Action for Breach of NDA and Second Cause of Action for Breach of Settlement Agreement and Release are sufficiently pled. With respect to the First cause of action for breach of the NDA, Plaintiff asserts that it was relieved of ...
2018.8.10 Motion to Strike and Release Wrongful Lien 487
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.10
Excerpt: ...Cause as to why the Mechanic's Lien filed by Respondent Bakirman Development Group (“Respondent”) should not be stricken and released. Instead of issuing the Order to Show Cause at that time though, the court issued an Order for a hearing on noticed motion. (See court's July 10, 2018 order.) Pursuant to Code of Civil Procedure section 765.010, “[a] person or entity whose property is subject to a lien or encumbrance in violation of this sect...
2018.8.9 Demurrer 951
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.9
Excerpt: ...Plaintiffs fail to allege compliance with the Government Claims Act. The court sustained Defendants' prior demurrer to the First Amended Complaint on this ground, and gave Plaintiffs leave to amend. In the Second Amended Complaint, Plaintiffs still fail to complete paragraph 9 of the Second Amended Complaint by alleging that they complied with the Government Claims Act by filing a claim before bringing this action, or that Plaintiffs are excused ...
2018.8.9 Motion to Vacate, Set Aside Dismissal 210
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.9
Excerpt: ...case, the dismissal was not entered against plaintiff. However, the declaration of Kenneth Freed states that plaintiff never intended to dismiss the entire action. Plaintiff inadvertently submitted a request for dismissal of the entire action when plaintiff only intended to dismiss the DOE defendants. As a result, it appears the dismissal which was signed by Freed, was entered without plaintiff's consent. For that reason, it should be set aside. ...
2018.8.9 Motion to Reclassify 439
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.9
Excerpt: ... have been a relatively minor automobile collision that caused about $750 in property damage to Plaintiff's bumper. Although the exact amount is disputed, it appears Plaintiff's claimed medical specials to date are in the area of $9,000. There is a dispute as to liability as between the parties. CCP 403.040(b) states: (b) If a party files a motion for reclassification after the time for that party to amend that party's initial pleading or to ...
2018.8.8 Motion to Amend Complaint 699
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.8
Excerpt: ... to permit amendment of pleadings. Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939. If discovery and investigation develop factual grounds justifying a timely amendment to a pleading, leave to amend must be liberally granted. Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596. Indeed, a court may properly grant leave to amend “at any stage of proceedings, up to and including trial.” Atkinson v. Elk Corp (2003) 109 Cal.App.4th 739, 761. Plaintiffs'...
2018.8.8 Motion to Strike 076
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.8
Excerpt: ...orth below. As to the Eighth Cause of Action for “Conspiracy to Deny Due Process Rights,” the motion is GRANTED. First, this new cause of action exceeds the scope of the Court's 05‐ 30‐ 18 Order granting leave to amend the Eighth Cause of Action in Plaintiff's Second Amended Complaint, which was entitled “Judicial Declaration Concerning Employment of General Manager Maxey”. The prior claim, which was asserted only against the District...
2018.8.8 Motion for Attorney's Fees and Sanctions 699
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.8
Excerpt: ...circumstances make the imposition of attorney's fees and costs unjust”. . Under the circumstances of this case, the Court is satisfied that Intervenor FRED SLIGHTAM's motion to expunge was brought with substantial justification such that an award of attorney's fees and costs is not warranted. While Intervenor FRED SLIGHTAM's motion to expunge Plaintiffs' lis pendens was ultimately denied (and said denial was upheld on appeal), it appears from t...
2018.8.7 Motion to Vacate Renewal of Judgment 188
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.7
Excerpt: ... deny the motion on this ground alone. However, even if the court assumes that service was proper, judgment debtor seeks to vacate renewal of the judgment based on defenses to the original underlying unlawful detainer action. She cites no authority indicating that such defenses would apply in an independent action on the judgment. A motion to vacate a renewal of judgment must go to the renewal itself and not the underlying judgment. If the tentat...
2018.8.7 Motion to Compel Mental Exam 046
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.7
Excerpt: ...l.'s Motion to Compel Mental Examination of Plaintiff, and for Sanctions. There appears to have been some confusion as to the date of this hearing and, as a result, a late response was filed by Plaintiff. The evidence demonstrates Plaintiff has placed her mental condition at issue/in controversy, thus warranting the requested mental examination. Code Civ. Proc. § 2032.020. Plaintiff has conceded this fact by agreeing to undergo a mental examinat...
2018.8.7 Motion for Summary Judgment, Adjudication 659
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.7
Excerpt: ...s v. Pacific States Auxiliary Corp. (193 5) 4 Cal.2d 103. To gain that possession, the purchaser may bring an unlawful detainer action against any occupant. CCP § 1161a(b)(3). The law is longstanding that the only issues present in an unlawful detainer action are possession and damages for unlawful possession. Old National Financial Services, Inc. v. Seibert (1987) 194 Cal.App.3d 460, 464. Here, Plaintiff seeks only possession. The elements to e...
2018.8.7 Motion to Compel Record Release Authorizations 825
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.7
Excerpt: ... Archdiocese of San Francisco (“Defendant”) to Compel Plaintiff to Sign Record Release Authorizations for Production of VA Records is DENIED. Defendant has not provided any authority to support that a motion may be brought to compel a party to sign a record release authorization. Although Defendant cites to Code of Civil Procedure section 2031.010 as authority for this motion, this section addresses production of documents from a party that h...
2018.8.6 Motion to Quash Deposition Subpoena 657
Location: San Mateo
Judge: Dubois, Richard H
Hearing Date: 2018.8.6
Excerpt: ...bjected to production of any and all documents from Feldman based on attorney‐ client privilege and/or work product. Feldman also stated that all documents in his possession are protected by the attorneyclient privilege. (See Feldman Decl. ¶ 10.) Thus, the court continued this motion for Feldman to provide Defendant with a privilege log with respect to these documents. (See court's June 25, 2018 Minute Order.) The court further ordered the par...
2018.8.3 Motion to Compel 700
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.3
Excerpt: ...31.320, subd. (a).) In response to Categories 1, 2, 3, 4, 6, and 7, Plaintiff responded that it would produce certain documents, but the motion offers no evidence that Plaintiff has refused to actually produce them. The motion states, “June 20 came and went with no production or any response from plaintiff's counsel. (Nelson Decl. ¶ 10.)” (Moving P&A at 4:22‐23.) Paragraph 10 to the Nelson Declaration states merely that Attorney Nelson did...
2018.8.3 Motion for Protective Order 546
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.3
Excerpt: ...specific requirements of Code Civ. Proc. § 2031.030, which includes a designation of the land or property to be inspected, tested or sampled by “specifically describing each individual item or by reasonably particularizing each category of item”; and a specification of “any inspection, copying, testing, sampling, or related activity that is being demanded, as well as the manner in which that activity will be performed, and whether that act...
2018.8.3 Motion for Attorney Fees 246
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.3
Excerpt: ...performed by the Knight Law Firm (“Knight firm”), and $27,775.00 for work performed by Hackler Daghighian Martino & Novak, P.C. (“HDMN”). In opposition, Defendants FCA US LLC and KTP Cars, Inc. (“Defendants”) object to both the hourly rates and the claimed time spent by the attorneys. Plaintiff provided additional declarations at the prior hearing, and the court continued the motion to consider this evidence and to give Defendants an ...
2018.8.3 Demurrer 786
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.3
Excerpt: ...because all asserted claims hinge on a 2006 trust deed signed only by decedent, Plaintiff was required to file the lawsuit within one year of decedent's 2014 death, and thus all claims are now time‐barred. Citing Probate Code § 13550, 13551, and 13554; Code Civ. Proc. § 366.2. The merits of this defense cannot be resolved on Demurrer. A demurrer lies where the dates alleged in the complaint show clearly and affirmatively that the action is ba...
2018.8.2 Motion to Compel Arbitration 921
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.2
Excerpt: ...is for binding arbitration. When arbitration is pursuant to Code of Civil Procedure section 1280 et seq., the resulting arbitration award is, in substance, binding. Judicial arbitration is nonbinding; a party dissatisfied with the award may reject the award by requesting trial de novo. In contrast, when arbitration is under Section 1280 et seq., such as what the present motion seeks, the arbitration award may be attacked only on limited grounds. ...
2018.8.2 Demurrer 769
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.2
Excerpt: ... a claim or issue litigated in the prior proceeding; (2) the prior proceeding resulted in a final judgment on the merits; and (3) the party against whom the doctrine is being asserted was a party or in privity with a party to the prior proceeding. Tobin v. Nationstar Mortgage, Inc. (2016) 2016 WL 1948786, at *5 (citing Boeken v. Phillip Morris USA, Inc. (2010) 48 Cal. 4th 788, 797. Plaintiff filed a prior action, San Mateo County Superior Court C...
2018.8.2 Demurrer 778
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.2
Excerpt: ...is expected to explain, at the 8‐2‐17 hearing, why granting leave to amend as to Fidelity would not be futile. First, as to all asserted claims, the FAC is uncertain by failing to specifically identify what conduct defendant Fidelity, as distinct from the other named defendants, purportedly engaged in. Code Civ. Proc. Sect. 430.10(f); Moore v. Regents of Univ. of Cal. (1990) 51 Cal.3d 120, 125. As set forth in Code Civ. Proc. Sect. 425.10(a),...
2018.8.2 Motion to Strike 778
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.2
Excerpt: ...fraud. Further, it does not allege facts that can reasonably support a finding of malice or oppression, as defined by Civ. Code § 3294. The allegations lump defendants together, without specifying what acts/conduct Fidelity allegedly engaged in that constitutes fraud, oppression, and/or malice. Further, the allegations of wrongdoing appear directed at the lender and/or servicer of the loan. There is no allegation Fidelity was the lender or servi...
2018.8.1 OSC Re Contempt 572
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.1
Excerpt: ...�Application”), or whether Mr. Carroll intended for this hearing to be treated as the Order to Show Cause re: Contempt hearing. On the same day Mr. Carroll filed the Application, he also filed an Order to Show Cause re: Contempt purporting to give Ms. Carter notice of this hearing as a contempt hearing. No Order to Show Cause re: Contempt was ever signed by the court. Thus, to the extent that Mr. Carroll intended this hearing as a contempt hear...
2018.8.1 Motion to Vacate 362
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.1
Excerpt: ...pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...
2018.8.1 Demurrer 953
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2018.8.1
Excerpt: ...0, 2018, no declaration had been filed. Consequently, the demurrer is stricken. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...

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