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2024.06.17 Motion for Determination of Good Faith Settlement 878
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.17
Excerpt: ...ee Omara's application for determination of good faith settlement is denied without prejudice - and the motion opposing the application is granted. Omara drove a vehicle that collided with a San Francisco police vehicle, allegedly after she ran a red light at 2:20 a.m. Plaintiff was Omara's passenger. As Omara recites, factors in determining whether a settlement is in good faith include: "(1) a rough approximation of the plaintiff'...
2024.06.17 Demurrer 025
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.17
Excerpt: ...ion of the contracts, but plaintiffs' interpretation must be accepted as correct on a general demurrer. (Aragon -Haas v. Family Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239.) No precise amount of harm nee d be pled. (CACI 303(5).) And a "general demurrer does not lie to a portion of a cause of action and, if any part of a cause of action is properly pleaded, the demurrer will be overruled. (Elder v. Pacific Bell Telephone Co. (2012...
2024.06.14 Special Motion to Strike 326
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.14
Excerpt: ...set forth in Civil Code §47(c)(1). Defendant seeks to strike ¶¶ 38 – 43 and 61 – 68 of Plaintiff Steven Heindel's First Amended Complaint (FAC). The Court does not deny the Motion on the merits. Rather, the Court finds that both parties miss the mark and overlook the thre shold issue, so the Motion is denied based on the procedural ground of failing to address a necessary issue. Both parties go straight to arguing the common interest privi...
2024.06.14 Motion to Set Aside Abstract of Judgment 171
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.14
Excerpt: ...5.23; 2. Motion to Enforce Settlement Agreement filed 5.5.23; and 3. Motion to Set Aside Abstract of Judgment filed 10.25.23. The motions appear to have all been continued following Defendant's filing of a Notice of Appeal on 11.6.23. That Appeal was denied and the Remittitur filed in this Court on 2.7.24. Accordingly, the motions are now back before this Court for ruling. Plaintiff Lauren Boardman filed Oppositions to all three motions and Defen...
2024.06.14 Motion for Attorney Fees 420
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.14
Excerpt: ... herein, i.e . defendant's frivolous opposition to PAPMWC's Motion for Protective Order, “the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion f or a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction u...
2024.06.13 Motion to Vacate Entry of Default and Set Aside Default Judgment 597
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.06.13
Excerpt: ...) on Plaintiff Joseph Dem m a 's (“Demma”) land located at 600 Alpine Road or 600 Log Cabin Ranch Road at La Honda, also known as the junction of Mindego and Alpine Creeks (“Subject Premises”). The Vasquezes' Motion to Vacate Default Judgment is GRANTED. As a preliminary matter, the motion to vacate is not accompanied with a proof of service. Nevertheless, there is opposition to this motion, so it appears that Demma has actually received ...
2024.06.13 Motion for Summary Judgment 499
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.06.13
Excerpt: ...ons to Evidence are ruled upon as follows: • Obj. No. 1. Immaterial to the disposition of the motion. (Code Civ. Proc. Sect. 437c.) The Court notes that the statement is not hearsay, because it is not offered for the truth of the matter asserted. • Obj. No. 2. Immaterial to the disposition of the motion. (Code Civ. Proc. Sect. 437c.) The Court notes that Jim, Sr. himself testified that Susan Little asked Jim, Sr. to talk to Jimmy. For the re...
2024.06.13 Demurrer, Motion to Strike FAC 571
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.06.13
Excerpt: ...e of Defendant C harlebois set forth in the Demurrer and Motion to Strike is DENIED in its entirety. Meet and Confer Requirement Fulfilled Defendant has substantially fulfilled his obligations to meet and confer under Code of Civil Procedure sections 430.41(a) and 435.5. See Declaration[] of David Sarfati (the “Sarafati Declaration”), ¶¶ 3 -6. The Complaint Sufficiently Alleges a Cause of Action under Civil Code Section 1701. The Complain...
2024.06.12 Motion to Compel Further Responses, for Sanctions 682
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.12
Excerpt: ...o. 200.3 Plaint iff's response implies that she contends written, oral, and implied agreements governed the employment relationship. Plaintiff's response to subpart (a) must affirmatively state all facts upon which she bases the contention that the employment relationship was governed by written, oral, and implied agreements. Plaintiff's response to subpart (b) must identify persons with knowledge of the facts stated in subpart (a). Plaintiff's r...
2024.06.12 Motion for Sanctions 850
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.12
Excerpt: ...4401. (See C al. Rules of Court, rule 3.1110 [the Notice “must specify” the location of the hearing].) Respondents' Motion for Sanctions, Attorney[‘]s Fees and Costs Pursuant to Code of Civil Procedure, section 128.7 is GRANTED. Respondents' Request for Judicial Notice is GRANTED. By presenting a paper to the Court, an attorney certifies that: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause un...
2024.06.12 Motion for Preliminary Injunction 937
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.12
Excerpt: ... OF UNDERTAKING TO BE REQUIRED. A. Background In 2016, Lincoln Christensen (Christensen) founded plaintiff Onelink LLC, fka Link Source It, LLC (plaintiff), an information technology solutions company that resells computer software and hardware to organizations in th e United States. Christensen is the sole owner of plaintiff, and claims he has grown the business to approximately 1,500 customers. In April 2019, plaintiff and defendant Stone, who ...
2024.06.12 Demurrer to SAC 718
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.12
Excerpt: ...enant of good faith and fair dealing causes of action. (Code Civ. Proc., § 431.10, subd. (e).) 1. The meet and confer declaration is defective The April 19, 2024 declaration of defendant's attorney Martin Glickfeld does not comply with the requirements of Code of C ivil Procedure, section 430.41. The declaration states that Mr. Glickfeld “reached out” to plaintiff's counsel regarding the planned demurrer to the SAC. Similarly, the May 31, 20...
2024.06.11 Special Motion to Strike 244
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...nt requested more time to obtain counsel and Plaintiff/Cross -defendant Portfolio Recovery Associates, LLC (“Plaintiff” or “Cross -defendant”) agreed to continue the hearing until January 31, 2023. On January 30, 2023, a Notice of Stay of Proceedings was filed because Defendant m oved the case to federal court. After issuing a tentative ruling granting this Motion, the Court dropped this Motion at the January 31, 2023 in light of the rem...
2024.06.11 Motion to Vacate or Modify Sanctions 212
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...st that the court sanction defense counsel Mr. David A. Hirshik, and defendant Brayan Florian Perez's two requests for judicial notice in this matter. Plaintiff's motion to vacate is DENIED WITH PREJUDICE, plaintiff's request for sanctions against defense counsel is DENIED, and defendant's requests for judicial notice are GRANTED. Commencing in 2019, the underlying action turns on plaintiff's allegations surrounding a 2018 motor vehicle accident ...
2024.06.11 Motion to Tax Costs 584
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...e of Civil P rocedure section 1033.5, subdivision (a). Items that “are not allowable as costs, except when expressly authorized by law” are listed in subdivision (b) of that section. Items that are not listed as allowable or not allowable “may not be allowed or denied in the court's discretion.” (Code Civ. Proc., § 1033.5, subd. (c)(4).) All costs awarded must be “reasonable in amount” and “reasonably necessary to the conduct of th...
2024.06.11 Motion for Summary Judgment 452
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...g 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 against all Defendants, including Defendants BrandSafway Services, LLC (erroneously sued as B randSafway Services, Inc.) and Safway Group Holding LLC (collectively, “Defendants” or “BrandSafway”). BrandSafway now moves for summary judgment pursuant to Code of Civil Pr...
2024.06.11 Motion for Preliminary Approval of Class and PAGA Action Settlement 392
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ... via Zoom o r in-person. The court is inclined to grant plaintiff's motion for preliminary approval of class and PAGA Action settlement provided the parties sufficient address the court's concerns. At the hearing, the court and the parties will discuss the most effic ient way for the parties to provide this information to the court. In ruling on class action and PAGA (Private Attorneys General Act) settlements, this court has a duty to independen...
2024.06.11 Motion for Leave to File FAC 683
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...y be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect . . . . Section 473 subdivision (a)(1) further provides that “The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars.” The p...
2024.06.11 Demurrer 478
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.11
Excerpt: ...rtroom 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].) Note regarding service: The proof of service shows service on plaintiff's counsel. However, since the motion was uno pposed, the research attorney telephoned plaintiff's counsel and plaintiff's counsel stated it did not receive the moving papers. Plaintiff, through the research attorney, now ha...
2024.06.10 Demurrer to Complaint 607
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ...ir obligation to meet and confer under Code of Civil Procedure section 430.41(a). See Declaration of Daniel S. Mason (the “Mason Declaration”), ¶ 2. The Complaint Sufficiently Alleges a Cause of Action for Breach of Contract. Plaintiffs allege, inter alia, that they and Defendants established an oral contract in 2005, involving Plaintiffs' finding and managing clients to lease Defendants' billboards for compensation and security: because th...
2024.06.10 Demurrer 074
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ...“HOA”), Gary W. Ernst (“Ernst”), David R. Alvarez, Erika R. Alvarez, Robert F. Dobel II, Maryanne Dobel, Thomas Greenberg, Jonas Wright Barbour and Luna Annemarie Chu (collectively “Defendants”) to the Complaint by Plaintiffs Sung Sim Park and Matthew Moskewicz (“Plain tiffs”) is ruled on as follows: BACKGROUND Plaintiffs are the owners of 3875 Jefferson Avenue in Redwood City, CA, which is part of the Lynda Lake Gardens ("LLG...
2024.06.10 Motion for Leave to File Complaint 334
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ..., 2021 Plaint iffs Julian Morrisette and Jasenia Quintana Lopez filed a complaint alleging habitability violations and personal injuries stemming from exposure to mold at the apartment unit they rented from defendants located in the City of Colma. Defendants timely file d their answer on July 26, 2021. Forward progress in the litigation was stymied by service issues and other matters and the matter was ultimately ordered to alternative dispute ...
2024.06.10 Motion for Terminating Sanctions 314
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ...and his coun sel, Ms. Stratte,” filed Jan. 11, 2024, is GRANTED -IN -PART, in the amount of $1,000 of monetary sanctions against Defendant Alexander. The Motion is otherwise DENIED. Plaintiff's request for sanctions against Defendant Alexander. With this Motion, Plainti ffs s ee k a l itany of san c ti on s a gai n st D efen d an t Timothy Alexander, for Defendant's alleged non -compliance with court orders dated 12- 5-22 and 12- 11 -23. Speci...
2024.06.10 Motion to Compel Further Responses, for Sanctions 896
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.10
Excerpt: ...pportunity to su bmit further supplemental briefing on the issues raised by the motion to compel, and in response to the Court's tentative issued on January 26, 2024. Having considered both parties' supplemental briefing, the Court declines to change its tentative ruling and will adopt the tentative as issued on January 26, 2024, which the Court reproduces in its entirety here: In the present discovery dispute before the Court, the parties stro...
2024.06.07 Demurrer, Petition for Coordination 197
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.07
Excerpt: ...ntly ascertain able. The most important factor in determining the ascertainability of a class is that it be defined “in terms of objective characteristics and common transactional facts that make the ultimate identification of class members possible when that identificat ion becomes necessary.” (Noel v. Thrifty Payless, Inc. (2019) 7 Cal.5th 955, 980 [citation omitted].) The class definitions in the SAC do not meet this standard, because ...
2024.06.07 Motion to Quash Subpoenas, for Protective Order 906
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.07
Excerpt: ...Plaintiff was a ch ild. During recent discovery, Plaintiff deposed third party witness “B.M.,” whom Plaintiff alleges was also sexually abused by Defendant Shamieh as a child. With this motion, Defendant asks the court to strike/preclude Plaintiff from using B.M.'s depositio n testimony (or portions thereof), and to quash Plaintiff's deposition subpoenas to two other third party witnesses, S.W. and N.S., on grounds that such depositions/quest...
2024.06.07 Motion to Compel Responses, to Deem RFAs Admitted 688
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.06.07
Excerpt: ... Tammy Cooper to Form Interrogatories Set One, Special Interrogatories Set One, Request for Production Set One; To Compel Deposition; and to Deem Admitted Request for Admission Set One; and For Sanctions (the “Motion”) is GRANTED IN PART. 1. Motion to Compel Response s to the Form Interrogatories, Special Interrogatories, and Requests for Production of Documents. Defendant Cooper's failure to respond to Plaintiff's form interrogatories, speci...
2024.06.06 Motion to Compel Further Responses, for Sanctions 948
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.06.06
Excerpt: ...VE RULING: The Motion of Defendant Dixon Doll Jr. (“Doll”) to Compel Verified Responses and Further Responses to Form Interrogatories (“FI”) and Special Interrogatories (“SI”), to Compel Verified Responses to Requests for Production of Documents (“RFP”), to Compel Docum ent Production, to Compel Compliance with Code of Civil Procedure section 2031.280(a), and Request for Sanctions, is ruled on as follows: PROCEDURAL ISSUES Doll ...
2024.06.06 Motion for Summary Judgment, Adjudication 133
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.06.06
Excerpt: ...2024, is GRANT ED. (Code Civ. Proc. Sect. 437c.) Defendant Urbina's alternative Motion for Summary Adjudication (MSA) is therefore DENIED AS MOOT. Defendants Con- Lee Restaurants, Inc., et. al.'s (the entity Defendants) Motion for Summary Judgment, filed March 19, 2024, and their alternative Motion for Summary Adjudication, are DENIED. (Code Civ. Proc. Sect. 437c.) Defendants' 3 -19 -24 Request for Judicial Notice (RJN) is GRANTED. (Evid. Code S...
2024.06.06 Motion for Leave to File TAC 214
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.06.06
Excerpt: ...ord Markkula and L inda K. Markkula as trustees of the A.C. Markkula and Linda K. Markkula Revokable Trust fka The Restated Arlin Trust Dated December 12, 1990 as parties to the action. Plaintiff also seeks to add allegations of agency and vicarious liability, as well as new factual allegations to support a claim for punitive damages. The proposed TAC does not add or delete any causes of action from the operative Second Amended Complaint (“SAC�...
2024.06.05 Motion to Strike 242
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.05
Excerpt: ...recorded against p laintiff's real property in Half Moon Bay in contravention of the parties' agreement. Defendants John Sheputis and Sheputis DC Investments LLC (defendants or Sheputis) now move to strike the second cause of action, for slander of title, pursuant to Code o f Civil Procedure, section 425.16, the “antiSLAPP statute. Section 425.16 provides that “[a] cause of action against a person arising from any act of that person in furthe...
2024.06.05 Motion for New Trial 099
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.05
Excerpt: ...2099 and Tim Onde rko v. Donald Wilson, et al., Case No. 22CIV -02332,1 is DENIED. 1. LEGAL STANDARDS “A new trial is a re -examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.” (Code Civ. Proc., § 656.) “A motion for a new trial is ‘a new statutory proceeding, collateral to the original proceeding' and constitutes a new action brought to set aside the judgment.” (Kabran v. Sharp Me...
2024.06.05 Motion for Final Approval of Class Settlement 379
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.05
Excerpt: ...ivate Attorne ys General Act of 2004 (PAGA) settlement agreement; (2) an award of attorney's fees to class counsel in the amount of $161,666.66 plus reimbursement of $16,339.55 in litigation costs; (3) a $10,000 incentive payment to Rogers as the class representative; ( 4) $20,000 in civil penalties, $15,000 of which will be paid to the California Labor and Workforce Development Agency (LWDA) for release of the PAGA claims with the remaining $5,0...
2024.06.05 Motion for Approval of Settlement 278
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.05
Excerpt: ...et seq., an employee aggrieved by their employer's alleged Labor Code violations may be authorized to act as an agent of the Labor Workforce and Development Agency (LWDA) to bring an action for civil penalties. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 64 (Moniz).) If the aggrieved employee seeks to settle their claims, the trial court must review and approve the settlement. (Ibid.) By statute, the LWDA receives 75 percent of the settl...
2024.06.04 Demurrer, Motion to Strike 938
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.04
Excerpt: ...10 [the Notice “must specify” the location of the hearing].) Defendant Equity Residential Management, LLC's general demurrer is OVERRULED in its entirety. Defendant demurrers on the ground that the fifth cause of action for intentional infliction of emotional dis tress, the seventh cause of action for violation of Business & Professions Code section 17200 et. seq. (Unfair Competition Law), and eighth cause of action for fraudulent concealme...
2024.06.04 Motion for Determination of Good Faith Settlement 765
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.04
Excerpt: ... alleged that two or more parties are joint tortfeasors or co -obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co -obligors[.] (Code of Civ. Proc., § 877.6.) [T]he intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plain...
2024.06.04 Motion for Judgment on the Pleadings 500
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.04
Excerpt: ...date of the hearing, as required by California Rules of Court, rule 3.1110(b). Defendant is reminded that the notice of motion must strictly comply with all applicable rules, including the California Rules of Court. However, given that plaintiff had the opportunity to substantively reply —and did so —the court proceeds to a consideration of the merits of the motion. Defendant argues that plaintiff's complaint, which asserts a single cause of ...
2024.06.04 Motion to Dismiss Complaint 104
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2024.06.04
Excerpt: ... (b), 459, subd. (a).) Initially, the court notes that defendants did not provide the proper address for the hearing set for April 9, 2024. Department 4 is located at the Central Courthouse, Courtroom G, 800 North Humboldt St., San Mateo, CA 94401 rather than in Redwood City as the notice indicates. (See Cal. Rules of Court, Rule 3.1110 [the Notice “must specify” the location of the hearing].) However, the court granted plaintiff's ex parte a...
2024.06.04 Motion to Reconsider Appointment of Guardian Ad Litem 431
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.06.04
Excerpt: ...dants to reconsider the appointment of Thomas “Gerry” Westerfield as guardian ad litem for Plaintiff Julie Westerfield is granted. On reconsideration, the Court reaffirms its April 18, 2024, order appointing Tomas “Gerry” Westerfield as guardian ad litem for Plaintiff Julie Westerfield. Background On January 26, 2024, Plaintiffs Julie aka Julia Westerfield (Julie) and Thomas “Gerry” Westerfield (Thomas) (collectively, Plaintiffs) file...
2024.06.03 Motion to Disqualify Counsel 292
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ... A trial co urt's authority to disqualify an attorney derives from the power inherent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it , in every matter pertaining thereto.” Ultimately, disqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain e...
2024.06.03 Motion to Compel Docs, to Seal 259
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ...NTED IN PART and DENIED IN PART, as set forth below. As a threshold matter, Impossible Foods brings this Motion pursuant to Code of Civil Procedure sections 2030.300, 2031.310 and 2031.320. (See Impossible Foods' Notice of Motion.) Thus, Impossible Foods appears to be bringing both a motion to compel further responses and a motion to compel compliance as to the Requests for Production of Documents (“RFP”). (See Code Civ. Proc., §§ 2031.310,...
2024.06.03 Motion for Summary Judgment 238
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ...is filed up on giving five days' notice, and shall be granted or denied on the same basis as a motion under Section 437c. Cal. Code of Civil Procedure Section 1170.7. Cal. Code of Civil Procedure Section 437c(b)(1) provides that an MSJ “shall be supported by affidavit s, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” Under Aguilar v. Atlantic Richfield (2001) ...
2024.06.03 Demurrer to SAC 308
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ...land lying be tween the respective real proper -ties of Plaintiff Teg Partners, LLC (“Teg”) on the one hand and Defendants Brad J. Lucas and Melanie Lucas (the “Lucases”) on the other. The Second Amended Complaint (the “SAC”) alleges that the strip of land is a paper str eet per the developer's map recorded on August 5, 1907. (See Oct. 8, 2024 Second Amended Complaint (“SAC”), ¶¶ 11 –13, exhs. 45.) The SAC also alleges that th...
2024.06.03 Demurrer 444
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2024.06.03
Excerpt: ... Complaint (“FAC ”) alleges, inter alia, that Defendants misled them about the extent of water and mold damage in a commercial condominium Plaintiffs purchased. Defendant Lorton Avenue Commercial Condominiums then filed a Cross- Complaint against Moes 1-10 inclusive, later amended to name Defendant Marc Pope as Moe Cross- Defendant 1 and Defendant Cushman and Wakefield U.S. Inc. as Moe Cross- Defendant 2. The Cross-Complaint alleges causes ...
2024.05.31 Motion to Quash and Application for Protective Order, to Compel Production of Business Records 470
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2024.05.31
Excerpt: ...rganized and, in many respects, procedurally improper. The Court could have denied the Motion on that basis alone and likely will if this is repeated in the future. Nevertheless, having spent the time to understand the disarray, the Court gets to the merits in order to move this litigation forward. The original motion was filed on December 28, 2023, with no Memorandum of Points and Authorities. The Motion was also not preceded by a mandatory inf...
2024.05.30 Motion for Entry of Judgment for Possession Pursuant to Stipulation 163
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.30
Excerpt: ...ng. Before the court is plaintiff Moonridge Associate's motion for entry of judgment based on the terms of an agreement with defendants pursuant to Code of Civil Procedure section 128, subdivision (a)(4). The court has jurisdiction to determine the terms of the agreemen t pursuant to Code of Civil Procedure section 664.6. On or about March 14, 2023, plaintiff and defendants Silvia Chavarin, et al. stipulated to and signed an agreement (hereinafte...
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...
2024.05.29 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 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 Petition for Writ of Mandate 495
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2024.05.29
Excerpt: ...d for and received a disability retirement through respondent San Mateo County Employees' Retirement Association (SamCERA) effective January 22, 2016. She further received a lump -sum award of back pay from that date through 2019, when her retirement was approved. Petitioner contends that she should have been retired effective May 25, 2011 when she stopped performing the duties of a Social Worker III in the emergency response unit, rather than in...
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 ...
2024.05.28 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...
2024.05.24 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 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...
2024.05.23 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 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 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 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...
2024.05.21 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 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 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 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...
2024.05.17 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 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 ...
2024.05.15 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...
2024.05.15 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 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...
2024.05.14 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 ...
2024.05.14 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...
2024.05.13 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 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 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 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...
2024.05.02 Motion for Summary Adjudication 800
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.02
Excerpt: ...tice (RJN) is GRA NTED. (Evid. Code Sect. 452(b) [regulations & legislative enactments]; 452(c) [official acts of legislative, executive, or judicial departments of federal or state government]; 452(d) [court records].) As with all documents subject to judicial notice, the Court takes judicial notice of their contents and filing dates, but not the truth of statements or allegations therein. Plaintiff's 4 -18 -24 RJN is GRANTED. (Evid. Code Sect....
2024.05.02 Demurrer to Complaint 311
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.02
Excerpt: ...nt San Bruno Park School District's Demurrer to Complaint (the “Davis Declaration”). The Davis Declaration was not filed “with the Demurrer” on March 13, 2024, as required by section 430.41(a)(3), though its exhibit meet -and -confer letter was. The Davis Declaration was filed the following day. b. Legal Standards for Demurrer California Code of Civil Procedure section 430.30 provides that an objection to a complaint may be made via dem...
2024.05.02 Demurrer 660
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2024.05.02
Excerpt: ...T, CORP. TEN TATIVE RULING: Defendants' Demurrer to Plaintiff's Complaint is OVERRULED. Defendants' Request for Judicial Notice is GRANTED, but only as to the existence of the documents and not to any particular construction of its terms or the truth of any matter the rein. (See MiddlebrookAnderson Co. v. Southwest Sav. & Loan Assn. (1971) 18 Cal.App.3d 1023, 1038.) Plaintiff's Request for Judicial Notice is GRANTED, but only as to the existence ...

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