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

3041 Results

Location: San Mateo x
2025.02.14 Demurrer 561
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2025.02.14
Excerpt: ...nt (hereinafter “FAC ”) is OVERRULED as to causes of action one through five. The Demurrer is SUSTAINED with leave to amend as to causes of action six and seven. Initially, the Court notes Defendants provided an improper address for the hearing. Department 24 is not located in Redwood City as the notice states, but instead at the Central Branch Courthouse, Courtroom H, 800 North Humboldt Street, San Mateo, CA 94401. (See Cal. Rules of Court, ...
2025.02.14 Application for Right to Attach Order, TPO 840
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2025.02.14
Excerpt: ...which the attachment is based is one upon which an attachment may be issued; (2) the plaintiff has established the probable validity of th e claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery of the claim upon which the attachment is based; and (4) the amount to be secured is greater than zero. (CCP §484.090(a)). The Court finds Defendant's argument that Plaintiff is seeking the writ ...
2025.02.13 Motion for Attorney Fees 290
Location: San Mateo
Judge: Shapirshteyn, Nina
Hearing Date: 2025.02.13
Excerpt: ...ules of Court, rules 3.1702(b), 8.822(a).) To date, no judgment of dismis sal has been entered. Nevertheless, the Court has discretion to rule on a premature motion where the opposing party is neither misled nor prejudiced by the premature filing. (See Yuba Cypress Housing Partners, Ltd. v. Area Developers (2002) 98 Cal.App.4th 1077, 1086.) In Yuba, the plaintiff filed the motion for attorney's fees before judgment was entered, and the trial cour...
2025.02.13 Demurrer to Petition for Writ of Mandate 834
Location: San Mateo
Judge: Shapirshteyn, Nina
Hearing Date: 2025.02.13
Excerpt: ...f Civil Procedure section 430.41(a). See Declaration of Aaron A. Blum in Support of County of San Mateo's Demurrer to Petition for Writ of Mandate, ¶¶ 3, 4, & Exhs. A, B. Legal Standards for Demurrer California Code of Civil Procedure section 430.30 provides that an objection to a complaint may be made via demurrer when the ground for that objection appears on the face of the complaint (or via judicial notice, which does not apply here). Code C...
2025.02.11 Request for Administrative Writ 181
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2025.02.11
Excerpt: ... there is no notat ion as of January 29, 2025 in the court's Case Information page in the Odyssey system that Chan lodged the record, but that the DMV was sent a copy. (Kim Decl., ¶¶ 4, 5.) The court does not file administrative records so that they appear in the Odyssey system; rather they are lodged. The court suspects that the clerk's office did not open the envelope containing the record when it was received in the clerk's office because it...
2025.02.11 Motion in Limine 123
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2025.02.11
Excerpt: ... for judicial n otice, but not for the truth of the matters asserted in the pleadings. This case arises from plaintiff and her parents purchasing real property in Woodside as tenants in common in 2010. On October 7, 2022, this case was assigned to the Hon. Danny Y. Chou. After Justice Chou's appointment to the Court of Appeal, on March 8, 2023, it was assigned to the Hon. Susan L. Greenberg. On December 31, 2024 after the assignment of Judge Gree...
2025.02.10 Motion to Compel Responses, for Terminating, Issue, Evidentiary, Monetary Sanctions 905
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2025.02.10
Excerpt: ...nctions; (2) Issue Sanctions; (3) Evidentiary Sanctions; and (4) for Monetary Sanctions Against Defendant (the “Motion”), asking that the Court compel Defendant to respond to FROG No. 15.1 of the Form Interrogatories – General, Set Two, and to SROGs 22 -32 of the Specially Prepared Interrogatories, Set Two, within ten days of the February 10, 2025, hearing. The Motion includes a request for sanctions in the amount of $1299.88 in compensatio...
2025.02.10 Motion to Compel Production of Docs 948
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2025.02.10
Excerpt: ...), which is construed as a motion to compel further responses, is GRANTED. In this Motion, Defendants challenge Plaintiff's objections of attorneyclient and attorney work product in responses to Defendants' Request for Production (“RFP”) nos. 1 -34. Plaintiff filed a conditional opposition stating that it agreed to withdraw its work product objection and has agreed to produce responsive documents, subject to its remaining unchallenged objecti...
2025.02.10 Motion for Summary Judgment 474
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2025.02.10
Excerpt: ...rily taxes the Court's limited time and resources Plaintiff's Request for Judicial Notice Plaintiff's January 24, 2025 request that the court take judicial notice of the following exhibits: (A) plaintiff's complaint in the underlying matter filed October 25, 2024; (B) this Court's Order Granting Motion to Deem Request for Admissions Admitted against Defendant Mathew Herndon (Case No. 24 -UDL -01474) on January 7, 2025; and (C) this Court's Order ...
2025.02.10 Motion for Interlocutory Judgment of Partition 012
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2025.02.10
Excerpt: ...s GRANTED -IN -PART. (Code Civ. Proc. Sect. 872.010 et. seq.) For the reasons expl ained below, the Court finds that Plaintiff is entitled to a partition sale. The parties are requested, however, to appear (through counsel) to discuss the proposed appointment of Mr. Kasolas as “Partition Referee,” and to discuss the language of the proposed order appointing him. (See 8 -5-24 Decl. of Shaun Carberry, Ex. 5.) Robert Morris' 8 -5-24 Request for ...
2025.02.10 Demurrer 001
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2025.02.10
Excerpt: ...(d), (e), (f), and (g) as follows. Defendant's unopposed Req uest for Judicial Notice is GRANTED pursuant to Cal. Evidence Code Section 452(d). Defendant argues that he is not a proper party in his individual capacity because he did not own the property at issue at any relevant time but rather “at all relevant times, the Terra Nova Property was owned by Scholz, as Trustee of the Scholz Family Revocable Living Trust dated October 23, 2018.” (M...
2025.02.07 Motion for Protective Order 683
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2025.02.07
Excerpt: ...nt) is GRANTED. Defendants' request for sanctions against Plaintiff's counsels of record, Ligia Parmenter, Esq. and Manuel Juarez, Esq., jointly and severally, is GRANTED in part. Note the sanctions are against counsel and not the Plaintiff, Gregorio Sanchez. Preliminarily, while the Court has not made a final decision, the parties are hereby on notice that it is considering referring this matter to the State Bar of California. To say that the am...
2025.02.07 Motion for Writ of Execution, for Further Monetary Sanctions 683
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2025.02.07
Excerpt: ...s GRANTED. Plaintiff's Requests for Sanctions are GRANTED in part. The Request for Sanctions of Defendants Fidel Contreras Sanchez and Guadalupe Contreras Sanchez (collectively, “Defendants”) is DENIED. Plaintiff has not provided the address for the hearing. Department 24 is located at the Central Courthouse, Courtroom H, 800 North Humboldt Street, San Mateo, CA 94401. (See CRC Rule 3.1110; the Notice “must specify” the location of the he...
2025.02.07 Motion to Compel Arbitration 840
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2025.02.07
Excerpt: ...g completion of the arbitration. (CCP §1281.4.) Facts/background. A s alleged in Plaintiffs Volodymyr Panchenko's and StarCity LLC's Complaint, Panchenko is a former employee/Senior Vice President of defendant Mythical, Inc. Panchenko joined Mythical in 2022 when Mythical acquired/merged with Panchenko's company, DMarket, Inc. The Complaint generally alleges that after Mythical acquired DMarket and Panchenko became Mythical's employee, the Mythi...
2025.02.06 Motion to Strike, Demurrer 843
Location: San Mateo
Judge: Shapirshteyn, Nina
Hearing Date: 2025.02.06
Excerpt: ...ls to establish compliance with the meet and confer requirement under Code of Civil Procedure section 435.5. Defendant's counsel appears to have sent a meet and confer letter to Plaintiff instead of meeting and conferring in person, by telephone or by videoconference. (See Sherwood Decl. and Exh. I; see also Code of Civ. Proc., § 435.5.) Defendant's counsel's declaration is insufficient to show compliance with Code of Civil Procedure section 435...
2025.02.06 Motion to Strike TAC 210
Location: San Mateo
Judge: Shapirshteyn, Nina
Hearing Date: 2025.02.06
Excerpt: ...tion to Strike T hird Amended Complaint …,” filed July 23, 2024, which seeks an order striking the request for punitive damages in Plaintiffs' Third Amended Complaint (“TAC”), is DENIED. Defendants' Request for Judicial Notice (RJN) is GRANTED as to Exhibits A -B (Evid. Code § 452(d)) and GRANTED as to Exhibits C, D, and E. (Evid. Code § 452(c).) The Court takes judicial notice of each of the subject documents' filing/recording dates an...
2025.02.06 Motion for Summary Judgment 574
Location: San Mateo
Judge: Shapirshteyn, Nina
Hearing Date: 2025.02.06
Excerpt: ...are, Inc. (“Travel Fare”), which sets forth a cause of action for negligent misrepresentation and for declaratory relief. (See Oct. 14, 2022 First Amended Cross -complaint (“FAX”); Feb. 2, 2023 Minute Order.) The gravamen of the FAX is that BoG demanded more money than was owed on a loan and Decedent and Travel Fare thus paid too much when it wired a total of $535,857.09 to BoG to avoid foreclosure on property securing the loan. The basis...
2025.02.06 Motion for Judgment on the Pleadings 726
Location: San Mateo
Judge: Shapirshteyn, Nina
Hearing Date: 2025.02.06
Excerpt: ...re set forth at Code of Civ il Procedure section 438, has the same function as a general demurrer (Templo v. State of Calif. (2018) 24 Cal.App.5th 730, 735). Except as delineated in section 438, the rules governing demurrers apply to MJoP. A motion made by a defendant may be brought on grounds that the complaint or any cause of action therein (Code Civ. Proc., § 438, subd. (c)(2)(A)) does not state facts sufficient to constitute a cause of actio...
2025.02.05 Special Motion to Strike 485
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2025.02.05
Excerpt: ...he reasons set forth below. The parties are reminded to properly bookmark all exhibits. (Cal. Rules of Court, rule 3.1110(f)(4); San Mateo County Superior Court, L.R. 3.3.) A. Background Kartos hired defendant Kim Steinmann (Steinmann) in May 2022 as Vice President, Clinical Development. (Declaration of Kartos's CEO, Dr. Jesse McGreivy [McGreivy Decl.], iso Opp., ¶¶ 6, 8, and exh. AC.) Among other things, the position required an M.D. degree, a...
2025.02.05 Demurrer, Motion to Seal 393
Location: San Mateo
Judge: Healy, Nicole S
Hearing Date: 2025.02.05
Excerpt: ...or of the Martin J. Lanfranco Revocable Trust (Lanfranco or plaintiff) is SUSTAINED WITHOUT LEAVE TO AMEND. A court reviewing a demurrer accepts as true the facts alleged in the complaint as well as those of which it may take judicial notice (Blank v. Kirwan (1985) 39 Cal.3d 311, 318), but does not “assume the truth of contentions, deductions or conclusions of law.” (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 967.) Plaintiff alleges...
2025.02.04 Motion to Enforce Settlement and Enter Judgment 860
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2025.02.04
Excerpt: ...he case were t he amount of the settlement and the payment terms. Plaintiff agreed to a reduced amount from the amount claimed as damages and agreed to payments over time with the initial payment to be paid on or before November 20, 2024. The settlement was put on the record pursuant to Code of Civil Procedure section 664.6 with both parties sworn in, voir dired by the court, and affirming that they heard, understood, and agreed to be bound by th...
2025.02.04 Motion for Summary Judgment, Adjudication 826
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2025.02.04
Excerpt: ...TIVE RULING: O n the Motion of Defendants Tito J. Bianchi, Deerfield Realty Corporation, Bianchi Joint Venture, L.P., BJV, LLC, Tito Jacob Bianchi, Bianchi Joint Venture, Norman E. MacKay (“Defendants”) for Summary Judgment or, in the alternative, Summary Adjudication, to the Complaint by Plaintiff Bernice D. Kendall, as Trustee for the S. Barre and Sue Paul Revocable Trust and the S. Barre Paul Marital Trust (“Barre Paul Trusts”) and der...
2025.02.04 Motion for Summary Judgment, Adjudication 476
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2025.02.04
Excerpt: ... is GRANTED an d plaintiff's request for costs is DENIED. Plaintiff is reminded to electronically bookmark the first page of each exhibit. (Cal. Rules of Court, rules 3.1110(f)(4); San Mateo County Superior Court, L.R. 3.3.) Background This is a credit card debt collection case. Defendant applied to plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff. (Plaintiff's Separate Statement of Undis...
2025.02.04 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 893
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2025.02.04
Excerpt: ...ttlement and award of attorneys' fees, service award and costs. Plaintiffs shall add the language from this tentative along with the proposed order they submitted on December 18, 2024 The court modifies Local Rule 3.403(b)(iv) (amended effective January 1, 2024) regarding the wording of proposed orders. The proposed order shall also attach the settlement agreement and class notice. Background Originally, this action was a Private Attorney General...
2025.02.04 Motion for Compel Further Responses 764
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2025.02.04
Excerpt: ...tiff's] Request fo r Production of Documents to Randolph F. Lamb, Set One; (2) Compel Further Responses to [Plaintiff's] Form Interrogatories – General to Randolph F. Lamb, Set One; and (3) for Sanctions,” filed October 25, 2024, and re -noticed on December 23, 2024, is GRANTED, on the terms set forth below. Background. Prior to the scheduled December 23, 2024 Informal Discovery Conference (IDC), Defendant's counsel emailed the Court, stating...

3041 Results

Per page

Pages