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2574 Results

Location: San Mateo x
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...
2024.06.17 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'...
2024.06.14 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 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 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...
2024.06.11 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 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 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 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 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 ...
2024.06.10 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...
2024.06.10 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 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 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...
2024.06.07 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...

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