Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

2574 Results

Location: San Mateo x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 242))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 2175,25
Array
(
)
2019.7.16 Motion to Compel Responses 646
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.7.16
Excerpt: ... counsel Jennifer Emmaneel told Plaintiffs' counsel Desmond Tuck that she was waiting for someone from the City to review and verify the discovery responses. (Email from Emmaneel to Tuck, April 29, 2019, Ex. 8 to Decl. of Emmaneel.) This suggests that the responses were substantially complete on that date. In the same email, Ms. Emmaneel stated that if she could not get a City representative to review and verify the responses, she might serve the...
2019.7.15 Motion to Compel Further Discovery Responese, Request for Sanctions 360
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.7.15
Excerpt: ...As a threshold matter, Defendant BMW argues this motion is preempted by federal law (Opp. at 6‐8). Because BMW's planned motion for summary judgment on the preemption issue has not yet been filed or decided, and that issue has not been properly raised, it is not a basis to deny or delay a ruling on this motion. Accordingly, the Court does not reach the merits of the preemption argument. However, the Court agrees that RFP Nos. 37‐38 and 40‐4...
2019.7.15 Motion to Bifurcate 959
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.7.15
Excerpt: ...limitations shall be tried separately from the issues of liability and damages. Defendant's request to have the issues tried before two separate juries is DENIED without prejudice at this time. The trial court is best positioned to weigh the issues of judicial economy and potential for prejudice to each party and determine whether separate juries are appropriate. If the tentative ruling is uncontested, it shall become the order of the Court. Ther...
2019.7.15 Motion to Seal Records 189
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.7.15
Excerpt: ...efendant Little's capacity. There is a recognized right to privacy in medical records and communications. This privacy interest constitutes an overriding interest that overcomes the public right of access and supports sealing within the meaning of CRC 2.550. The proposed order is narrowly tailored. It seeks to seal only the document containing Dr. Landsverk's medical opinion relating to Defendant's Little's capacity. There does not appear to be a...
2019.7.12 Motion to Expunge Lis Pendens, Request for Monetary Sanctions 161
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.7.12
Excerpt: ...C”), Plaintiff relies on two documents: a “Notice to the Partners” and a “Partner Sale Agreement.” [Porter Decl., ¶ 6, Ex. A] According to Plaintiff, “It was not until mid‐to‐ late 2017, when a third party provided me with the ‘Notice to the Partners' and ‘Partner Sale Agreement,' that I realized Mete Tan had actually sold me thirty (30) shares in Fox.” [Id.] Plaintiff, however, has not alleged any personal knowledge regard...
2019.7.12 Demurrer 386
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.7.12
Excerpt: ... AS SET‐ BACKED PASS‐THROUGH CERTIFICATES, SERIES 2007—PA3 (“HSBC”), AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) (COLLECTIVELY “DEFENDANTS”) TO PLAINTIFF'S FIRST AMENDED COMPLAINT TENTATIVE RULING: A. First through Fifth Causes of Action – Statute of Limitations. Demurrer to the first, second, third, fourth, and fifth causes of action is sustained on the ground that they are barred by the applicable statutes of...
2019.7.10 Motion to Amend Complaint 696
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.7.10
Excerpt: ...69–70; Cent. Pathology Serv. Med. Clinic, Inc. v. Superior Court (1992) 3 Cal. 4th 181, 190.) The allegations of “willful and conscious disregard” (para. 41, 49, 50) are not mere conclusions. They are supported by allegations of specific fact that AMERIGAS knew the pipes were non‐ compliant with the ordinance and that continuing to fill the tanks was dangerous. (Proposed SAC paras. 36‐39, 47, 48.) Allegations of director/officer approva...
2019.7.1 Motion for Award of Sanctions and Expenses 294
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.7.1
Excerpt: ... or cause unnecessary delay or needless expense under CCP § 128.7. Notably, Defendant's motion for sanctions was not denied on the merits. Rather, as noted in the court's May 20, 2019 order, Defendant's motion was denied because Defendant failed to follow the safe harbor procedures mandated by CCP § 128.5. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written or...
2019.7.1 Motion for Terminating Sanctions or for Issue and Evidentiary Sanctions, for Contempt 025
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.7.1
Excerpt: ...iffs”) for Terminating Sanctions Against Defendants Cevera Automotive Group, LLC and Robert V. Branzuela (“Defendants”), or Alternatively, for Issue and Evidentiary Sanctions, and Contempt, is ruled on as follows: The Motion for Terminating Sanctions, or Alternatively, for Issue and Evidentiary Sanctions, is DENIED. A trial court has broad discretion in selecting discovery sanctions, and considers both the conduct being sanctioned and its e...
2019.7.1 Motion for Determination of Good Faith Settlement 321
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.7.1
Excerpt: ...‐Bilt v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488. The Tech‐ Bilt decision requires this Court to consider “the allocation of settlement proceeds among plaintiffs”. Id. at 499‐500. Given that Ms. Geipe is not a Plaintiff in this action and has not articulated a persuasive reason why $1 million of her son's settlement should be allocated to her personally for the purpose of buying a house, the Court declines to find that the se...
2019.7.1 Motion to Quash or Modify Deposition Subpoena 274
Location: San Mateo
Judge: Davis, Leland
Hearing Date: 2019.7.1
Excerpt: ...”) on Plaintiff's former counsel, David G. Finkelstein, Esq. (“Mr. Finkelstein”). Procedurally, Plaintiff filed a Separate Statement with his motion that fails to comply with Cal. Rules of Court Rule 3.1345. The separate statements must include the text of the request or demand. (See Cal. Rules of Court Rule 3.1345(c).) Plaintiff's counsel failed to include the entire text in the separate statement, and therefore is admonished to comply wit...
2019.6.28 Motion to Compel Further Responses 342
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.28
Excerpt: ...sed in the briefing, even where requested documents are relevant, in assessing discoverability, the Court considers both the requesting party's discovery rights and the corresponding burden imposed on the responding party. Given the asserted claims here, the Court generally agrees that the requested documents are reasonably calculated to lead to the discovery of admissible evidence. Code Civ. Proc. § 2017.010. It also appears, however, that a co...
2019.6.28 Motion for Summary Judgment, Adjudication 147
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.28
Excerpt: ...ation”), is DENIED. Suntrek contends that it only manufactured the solar system installed at the property, and therefore has no liability for the claims alleged in Plaintiff Tremin Corporation's (“Tremin”) Complaint (and therefore no liability on Warm Corporation's Cross‐Complaint seeking equitable contribution, indemnity and apportionment) because Tremin's claims do not allege the solar system was defective. However, Warm Corporation sho...
2019.6.28 Motion to Compel Further Discovery Responses 605
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.28
Excerpt: ...ration states “I was not contacted by counsel for Plaintiffs prior to the filing and service of this Motion to Compel. The only communications I had with counsel regarding the issues in this Motion were my repeated requests for production by Plaintiffs of a list of all patients Plaintiffs allege Defendants ‘stole' from Advance Male Medical, Viceroy Health and/or Dr. Shah.” Because the declaration required by CCP §§ 2016.040 and 2031.310(b...
2019.6.27 Petition to Vacate Arbitration Award 973
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.27
Excerpt: ...aim that the matters raised in Plaintiffs' Petition are not reviewable because they do not fall within the grounds identified in CCP § 1286.2. The Court disagrees. The Court finds the parties expanded the scope of review under the following provision of the arbitration agreement: . . . The determination of the arbitrator shall be accompanied by written findings of fact and conclusions of law of the arbitrator and the decision shall be reviewable...
2019.6.26 Motion to Deem Admissions Admitted 063
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.26
Excerpt: ...ice of responses to his RFA's. The request is therefore DENIED: Plaintiff's Motion to Deem Facts Admitted and request for sanctions are DENIED. Plaintiff did not demonstrate that his Request for Admissions was properly served. Motion to Compel Defendant has stipulated to an order compelling responses to Plaintiff's Request for Production of Documents and Interrogatories. This portion of the Motion is therefore GRANTED: Plaintiff's Motion to Compe...
2019.6.26 Motion to Strike 728
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.26
Excerpt: ...llegations, if proven, are sufficient to permit a jury to find that Defendant's actions were malicious or fraudulent. The Complaint need not allege approval or ratification by an officer, director, or managing agent. The allegation of corporate approval or ratification is necessary only when punitive damages are sought against an “employer,” based on the wrongful acts of an employee. (See Civ. Code sect. 3294, subd. (b).) The allegations for ...
2019.6.26 Demurrer 728
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.26
Excerpt: ...erials were publicly “scattered, spread widely, broadcast or disperse[d]” to a significant number of persons in California. But paragraph 15 (quoted above) alleges that the false material was “distributed” to Defendant's “existing and prospective customers . . . .” (para. 15.) 2. On demurrer, the Court must construe the complaint liberally in the plaintiff's favor. The allegation that Defendant “distributed to . . . existing and pro...
2019.6.7 Motion for Summary Judgment, Adjudication 203
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.7
Excerpt: ...ninth and tenth causes of action. A. Procedural Issues. 1. The Present Motion is Permissible. The minute order from Defendant's previous motion that the Court “declines the request to make these rulings either specifically with or without prejudice” is not a ruling that Defendant may not bring the present motion. A party may not “move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the ...
2019.6.7 Motion to Expunge Lis Pendens 581
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.7
Excerpt: ...Opposition, p.1, 2] Plaintiff misunderstands the burden of proof. On a motion to expunge lis pendens, it is the duty of the party opposing the expungement motion to defeat the underlying bases for the motion by establishing the existence of a real property claim, and the probable validity of the underlying real property claim, by a preponderance of the evidence. CCP §§ 405.30, 405.32. Plaintiff has presented no evidence, in the form of declarat...
2019.6.4 Motion for Reconsideration 501
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.4
Excerpt: ...OSSFELD LLP TENTATIVE RULING: The Motion of Michael G. King and Hennelly & Grossfeld, LLP (“Plaintiffs' counsel”) for Reconsideration is GRANTED. Plaintiffs' counsel provides new or different facts and circumstances to warrant reconsideration of the Court's April 8, 2019 orders denying Plaintiffs' counsel's Motions to be Relieved as Counsel for Plaintiffs. The Court notes that Plaintiffs Napean Capital Group, LLC and Frederic Shih‐Hsing Yan...
2019.6.4 Motion to Quash Subpoena Duces Tecum 315
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.4
Excerpt: ...which would seek only the following documents: [Plaintiff's] personnel file, documents pertaining to [Plaintiff's] earnings, documents pertaining to any charges, complaints or lawsuits by [Plaintiff] against Advanced Medical Personnel and documents pertaining to the termination of her employment if applicable. Given the generally broad scope of discovery rights, the proposed narrowed subpoena above is reasonable and permissible and does not undul...
2019.6.3 Demurrer 004
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.3
Excerpt: ...e a cause of action for fraud. Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 C3d 197, 216; Philipson & Simon v. Gulsvig (2007) 154 CA4th 347, 363. Further, although Plaintiff has named multiple defendants in this suit, Plaintiff has not identified the party or parties to whom this cause of action is directed pursuant to CRC 2.112. The Demurrer to the Second Cause of Action for negligent representation is SUSTAINED ...
2019.6.3 Motion to Compel Depositions, Request for Sanctions 099
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.3
Excerpt: ... required by Section 2025.450(a). However, they did appear at an earlier‐scheduled, and then canceled, deposition and requested alternative dates for the rescheduled depositions based on medical need. Defendants are in agreement that the depositions should take place. Plaintiff's counsel's insistence on particular documentation regarding the medical excuse before agreeing to reschedule was made without legal support, but the short time for tria...
2019.6.3 Motion to Strike 004
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2019.6.3
Excerpt: ...tified grounds upon which punitive damages are recoverable. As noted in the court's ruling on Defendants' demurrer, Plaintiff's claim for fraud is unsupported by specific factual allegations. The motion to strike all claims for attorney's fees is GRANTED WITH LEAVE TO AMEND. Attorney's fees must be authorized by contract, statute, or law. Code Civ. Proc. §§ 1021; 1033.5(a)(10). Plaintiff's complaint contains no allegations supporting the reques...

2574 Results

Per page

Pages