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2395 Results

Location: San Mateo x
2022.08.25 Motion for Reconsideration on Entry of Default Judgments 777
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.25
Excerpt: ...s (Reconsideration Motion #1). On July 6, 2022, Plaintiff filed a Motion to Contest Tentative Ruling Dated 06‐30‐2022; Motion for Reconsideration; Memorandum of Points and Authorities; Declaration (Reconsideration Motion #2). On July 8, 2022, Plaintiff filed Declaration 3 of Plaintiff Andrada in Support to her Motion for Consideration on Her Request for Entry of Default Judgment Against Defendant Arman Baghbanbashi (Reconsideration Motion #3....
2022.08.25 Demurrer 147
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.25
Excerpt: ...e drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) 2. First Cause ...
2022.08.24 Demurrer to FAC 383
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.08.24
Excerpt: ...e a cause of action. The First Amended Complaint alleges that Plaintiffs Jeannie and Annie Hung gave money to Defendant to use as a down payment to buy a residence to be occupied by Defendant and by Plaintiff Edmond Hung as their family home. They raised a family there, although Defendant Edmond Hung left the family in 2014 and stopped making any payments towards the house. Plaintiffs allege that Defendant – seven years after Edmond left – so...
2022.08.23 Motion to Quash Subpoena for Records, for Protective Order to Modify Subpoenas 380
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.23
Excerpt: ...VISION REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,810.00 AGAINST DEFENDANT CITY OF REDWOOD CITY AND THEIR ATTORNEY OF RECORD ATTORNEY LISA K. RAUCH, ESQ. & HOWARD ROME MARTIN & RIDLEY, LLP TENTATIVE RULING: Plaintiff's Motion to Quash Defendant's Subpoenas to medical providers is DENIED. The Court finds that Plaintiff's alternative Motion for a Protective Order to modify the subpoenas to medical providers is GRANTED, in part, pursuant to Code of C...
2022.08.23 Demurrer to SAC 236
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.23
Excerpt: ...AC, ¶ 19. Plaintiffs allege that, with knowledge of the purchase offer, Defendants agreed to a new five‐ year lease of the restaurant premises with one five‐year option to renew. SAC, ¶¶ 18‐20. Plaintiffs further allege that Defendant Yamei Lu subsequently “broke her agreement stating that she would only accept a five (5) year lease with no option to renew with the new Buyers.” SAC, ¶ 24. Plaintiffs allege that, as a result of Defen...
2022.08.22 Motion to Compel Responses, for Monetary Sanctions 905
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.22
Excerpt: ...art and DENIED in part. A. Combined Motion Is Not Sufficient Grounds for Denial In opposition to the Motion, Defendant raises three preliminary procedural issues that it contends warrant denial of the Motion. The first is that this Motion combines remedies authorized by separate provisions of the Civil Discovery Act. Plaintiff has moved (1) for an order compelling further responses to her Form and Special Interrogatories pursuant to Code of Civil...
2022.08.22 Motion for Attorney Fees 085
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.22
Excerpt: ...under Civil Code § 1717(b)(2), there is generally no “prevailing party” when an action on a contract is voluntarily dismissed. “Where an action has been voluntarily dismissed or dismissed pursuant to a settlement of the case, there shall be no prevailing party for purposes of this section.” Civ. Code, § 1717(b)(2). The statute is based on public policy to encourage plaintiffs to discontinue nonmeritorious litigation rather than continue...
2022.08.22 Demurrer 477
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.22
Excerpt: ...st for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). Defendants Kieran Treacy, Kelly Treacy, and Treacy Group, LLC's Demurrer to the SAC's First and Second Causes of Action (alleging breach of contract and breach of the implied covenant of good faith and fair dealing), is OVERRULED. Code Civ. Proc. Sect. 430.10(e). The Court previously sustained these three Defendants' Demurrer to these two causes of action in the original Complaint (see 6...
2022.08.18 Motion to Tax Costs 847
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.18
Excerpt: ...hat much of the $5,747.80 claimed in Item 1 consist of fees for legal service firms, and not filing or motion fees. Indeed, the only filing/motion fee listed in Item 1 is for Defendants' motion for summary judgment, incurred on October 8, 2019. However, the Court has discretion to grant costs of couriers or messenger fees if reasonably necessary to the conduct of the litigation. (Foothill‐De Anza Community College Dist. v. Emerich (2007) 158 Ca...
2022.08.17 Motion for Leave to File SAC 823
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.08.17
Excerpt: ...ies previously lived together for 13 years. Plaintiff alleges that in 2017, Defendant transferred/conveyed his ownership interest in the subject property from himself (individually) to himself as Trustee of the newly formed “MSI Family Trust.” Because Defendant's interest in the property is now held by himself as Trustee of the new Trust, it is proper for Plaintiff to request to add Defendant in his capacity as Trustee, so that any judgment c...
2022.08.16 Demurrer to SAC 228
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.16
Excerpt: ...ts, judicial notice of Defendant's discovery responses is improper. Weil & Brown, California Practice Guide: Civil Procedure Before Trial § 7.1 (TRG June 2022 update) (can take judicial notice of plaintiff's inconsistent discovery responses but not opposing party's responses). However, as previously, the Court accepts the responses for the fact that Plaintiff can plead additional facts to toll the statute of limitations. Defendants' Request for ...
2022.08.15 Motion for Summary Judgment 196
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.15
Excerpt: ...specific. 2. The Court exercises its discretion to not rule on Objections numbers 2, 3, and 8 because evidence relating to standard of care is not material to ruling on this motion. (Code of Civ. Proc. § 437c, subd. (q).) 3. Objections numbers 4, 5, 6, and 7, are sustained for lack of foundation. In addition, the opinions in paragraphs 4, 5, 6, and 7 lack a reasoned explanation for Dr. Light's opinions. (See Fernandez v. Alexander (2019) 31 Cal....
2022.08.15 Motion to Dissolve or Modify Motion for TRO or Preliminary Injunction 207
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.15
Excerpt: ...olution of the preliminary injunction is automatically stayed pending Defendant's appeal of the preliminary injunction pursuant to Cal. Code of Civ. Proc. § 916(a), citing Varian Med. Sys., Inc. v. Delfino (2005) 35 Cal. 4th 180, 189‐ 90. Defendant argues that the Court retains jurisdiction of the issue because the order issuing the preliminary injunction is void for lack of requiring an undertaking pursuant to Cal. Code of Civ. Proc. § 529, ...
2022.08.11 Motion to Set Aside Default, Judgment 771
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.08.11
Excerpt: ...e grounds even if statutory relief is unavailable.” (Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894, 910 (Luxury Asset Lending), quoting Rappleyea v. Campbell (1994) 8 Cal.4th 975 [quotation marks, brackets, and ellipses omitted].) “One ground for equitable relief is extrinsic mistake—a term broadly applied when circumstances extrinsic to the litigation have unfairly cost a party a hearing on th...
2022.08.10 Demurrer to FAC 796
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.08.10
Excerpt: ...he second cross‐cause of action for dissolution of partnership regarding a real estate business is OVERRULED. Cross‐Defendant Loeswick's Demurrer to the First Amended Cross‐Complaint as to the third cross‐cause of action for violations of the Labor Code is SUSTAINED WITHOUT LEAVE TO AMEND. Cross‐Complainant Vernon fails to allege facts supporting any allegation that she was an “employee” of Loeswick under the Labor Code. A major con...
2022.08.10 Demurrer to FAC 552
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2022.08.10
Excerpt: ...rt have the force of law and are as binding as procedural statutes as long as they are not inconsistent with statutory or constitutional law.” (R. R. v. Superior Court (2009) 180 Cal.App.4th 185, 205.) Defendants' failure to comply as to their Request for Judicial Notice imposes an unnecessary burden on the Court. Defendants' Request for Judicial Notice is GRANTED, The Demurrer by Defendants MERS and SHAUNA BOEDEKER as to the first, second, fou...
2022.08.09 OSC Re Dismissal 126
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.09
Excerpt: ...ure § 583.310. In response, on August 2, 2022, Plaintiff David Fennell filed an opposition to dismissal stating that the case was on federal appeal and, therefore, should not be dismissed. He states that he “is challenging the constitutionality of Code of Civil Procedure § 425.16, as used in this case and to block the Plaintiff's run for California Lieutenant Governor 2022.” Opposition at 2. He attaches a letter from the clerk of the United...
2022.08.09 Demurrer to FAC 065
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2022.08.09
Excerpt: ... Action for Negligence and otherwise OVERRULED. A. Issue Preclusion Allied argues that Plaintiff is precluded from relitigating any issue raised by the FAC. Allied does not demonstrate that any issues litigated or decided in the prior proceeding are identical to those in the instant case. For issue preclusion to apply, there are five requirements: (1) the issue in the current proceeding must be identical to the issue in the former; (2) it must ha...
2022.08.08 Motion to Compel Undertaking 207
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.08
Excerpt: ...on. (Kettenhofen v. Superior Court (1961) 55 Cal.2d 189, 191.) In contrast, an undertaking is required in order to stay operation of a prohibitory injunction. (Id.) “California has had the rule that an appeal automatically stays mandatory injunctions for more than 100 years.” (Agric. Lab. Bd. v. Superior Ct. (1983) 149 Cal. App. 3d 709, 716.) “A prohibitory injunction remains in full force pending such an appeal, and the court below may enf...
2022.08.08 Motion for Summary Judgment 837
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.08
Excerpt: ...tion for summary judgment. (See Nieto v. Blue Shield of California Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 74.) Plaintiff Joan K. Levin (“Plaintiff”) owned property located at 100 Palmetto Avenue in Pacifica (“property”) for nearly forty years until she sold it to Western Edge Projects, LLC (“Western”) on January 11, 2016. (Amended Complaint (“AC”) ¶ 8.) Plaintiff agreed to a seller finance or carry back loan of $1.9 mi...
2022.08.08 Demurrer 023
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2022.08.08
Excerpt: ...he time of the foreclosure.” (MPA, p.1.) Indeed, according to the declaration of Eric Houser, Defendant's counsel, “Rushmore stopped servicing the loan months before the foreclosure sale.” Houser Decl., ¶ 2. However, Rushmore is identified as the loan servicer in the Notice of Default and Election to Sell Under Deed of Trust recorded on August 19, 2021, attached to Defendant's request for judicial notice. The Notice contains a declaration,...
2022.08.05 Petition to Release Property from Claim of Lien 690
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.08.05
Excerpt: ...EE”) TENTATIVE RULING: The Petition of Honeybee Foods Corporation/Red Ribbon Bakeshop Inc./Tokyo Teriyaki Corporation (“Jollibee”) for an Order to Release Property from Claim of Lien is DROPPED as MOOT. Respondent All Pro Services dba 1‐ 877‐DUMP‐PRO (“Respondent”) demonstrates that Releases of the Mechanic's Liens were recorded in May 2022. (Mattuch Decl. ¶ 2, and Exh. B.) Jollibee's request for $4,567.50 in attorney's fees is D...
2022.08.05 Motion to Strike 196
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.08.05
Excerpt: ...SBs) and NHTSA complaints regarding the allegedly defective transmission, including those relating to Honda Odysseys. According to Defendant, “This case has nothing to do with Honda Odysseys, nothing to do with prior Honda Pilot models, and indeed nothing to do with any vehicles other than the Subject Vehicle.” MPA, p.2. However, as set forth in the analysis of Defendant's demurrer, Plaintiff alleges that “These defective transmissions were...
2022.08.05 Motion for Summary Judgment, Adjudication 267
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.08.05
Excerpt: ...ition relies on 17 exhibits, comprising 140 pages. Of that evidence, 120 pages (15 exhibits) are redacted in their entirety. The unredacted evidence is merely lodged under seal, but not filed. Similarly, Plaintiff's Opposing Separate Statement is lodged under seal, but not filed. The parties stipulated to a Protective Order, which requires that when filing any documents designated as “CONFIDENTIAL,” “the filing party shall follow the proced...
2022.08.05 Demurrer to SAC 454
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2022.08.05
Excerpt: ...”) and Laurel Elementary School's (“School”) unopposed Demurrer to the First and Second Causes of Action (“COA's”) in Plaintiff's Second Amended Complaint is SUSTAINED without leave to amend pursuant to Cal. Code of Civ. Proc. § 430.10(e). First COA for Negligent Supervision The requisite duty of care that the School and District owed to Plaintiff was to protect from foreseeable injury at the hands of third parties. C.A. v. William S. ...

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