Excerpt: ...d the motion until October 31, 2023, five days after the stay is lifted. If the bankruptcy stay is still in effect at the time of the hearing, the court will take the motion off calendar for plaintiff to re-noäce the motion. The court's tentative is to GRANT plaintiff's motion for summary judgment. (Code of Civ. Proc., S 437c.) This is the same tentative that the court issued for the October 17, 2023 hearing. Code of Civil Procedure section 437c...

Excerpt: ...volving class and PAGA claims, this Court has a duty to independently determine whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 76—77 ["trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws." ] ; Kulla...

Excerpt: ...int to see whether they state a cause of action under any legal theory, as a matter of law. (New Livable Cal. v. Associaton of Bay Area Gov'ts (2020) 59 Cal.App.5th 709, 714—715; Genis v. Schainbaum (2021) 65 Cal.App.5th 1007, 1014.) The demurrer may be made to the entire complaint or to any of the cause of action therein. (Code of Civ. Proc., S 430.50, subd. (a).) To properly state a cause of action, a complaint must allege every element of th...

Excerpt: ... remaining defendant in the action. According to the Complaint, defendant agreed to rent the premises on or about November 24, 2014, pursuant to a written rental agreement with plaintiff's predecessor-in-interest, at a monthly rent of $2,51N03, she has failed to pay rent but continues to hold over even after service of the three-day notice to quit or cure. On September 7, 2023, the court entered an order deeming admissions admitted and for sancto...

Excerpt: ...NG: Joel Drotts brings this petition for writ of mandate requesting that this court order the Department of Motor Vehicles (DMV) to cease applying Vehicle Code section 13352, subdivision (hereinafter all statutory references are to the Vehicle Code) in an arbitrary and capricious manner found to violate his right to equal protection under the law in accordance with Code of Civil Procedure section 1085. (Amended Opening Brief and Pleading for Writ...

Excerpt: .... This court must: (1) "identify the issues framed by the pleadings because the court's sole function on a motion for summary judgment is to determine from the submitted evidence whether there is a 'triable issue as to any material fact;' " (2) determine whether the moving party has met its statutory burden of proof under Code of Civil Procedure section 437c, subdivision (o); if the moving party has met statutory burden of proof, determine whethe...

Excerpt: ...worked in California for Defendant Sutter Bay Hospitals between July 20, 2015 and January 31, 2023. On April 25, 2023, this court gave preliminary approval to the class and PAGA settlement plaintiffs and defendant. As set forth in the Declaration of Cassandra Polites on behalf of the claims administrator, Ilym Group, Inc. (Ilym), on July 21, 2023, in accordance with the preliminary approval order, Ilyrn mailed out the approved class notices to 22...

Excerpt: ...inds that the motion was timely filed. A motion for reconsideration generally must be brought "within 10 days after service upon the party of written notice of entry of the order..." (Code of Civ. Proc., S 1008 subd. (a).) The notice of entry of order was served by email on September 15, 2023 and the moton was filed on September 27, 2023, making the motion timely when adding the two days for the electronic service. The court denies the motion for...

Excerpt: ...ument requests on plaintiff. On August 26, 2022, she and on November 15, 2022, she filed amended response. Efforts at informal resolution between the parties, but without an Informal Discovery Conference, failed necessitating this motion, which was filed on January 31, 2023. The motion is untimely because it was not brought within 45 days of the services of the verified amended responses. "Unless notice of this motion is given within 45 days of t...

Excerpt: ...led a declaration pursuant to Code of Civil Prmædure section 439 attesting to a proper meet and confer prior to the filing of this Motion. In the Court's discretion, the Court has chosen to overlook this procedural defect in this instance. Defendant is cautioned and reminded, however, to strictly comply with all court rules and meet and confer requirements going forward. This case is related to Case No. 23ClV02234, captioned PNC Bank N.A. v. Yin...

Excerpt: ...lists the incorrect address for the Court. (Sep. 13, 2023 Notice of Demurrer, p. 2.) The address for Department 4 is 800 North Humboldt Street, San Mateo, California 94401. The First Amended Complaint (the "FAC") asserts ten causes of action against Fidel and Guadalupe regarding a dispute over ownership to a mobile home situated at Space 11 of 250 San Mateo Road in Half Moon Bay (the "Property"). Fidel and Guadalupe here demur to each of these ca...

Excerpt: ... threshold matter, the Court finds that the Complaint is the operative pleading. The Complaint alleges one cause of action for motor vehicle negligence against Defendant Brayan Florian Perez ("Defendant"). On November 4, 2020, the Court granted Plaintiff leave to file a First Amended Complaint to add a punitive damages claim against Defendant. (See November 4, 2020 Minute Order.) The Court also denied without prejudice Plaintiff's Motion for Leav...

Excerpt: ...tte Sun Group, LLC's and Evan Haskell's Demurrer to Plaintiff TGA Franklin F299 LLC's First Amended complaint is SUSTAINED WITH LEAVE TO AMEND as discussed below. Plaintiff TGA Franklin F299 LLC is to file a Third Amended Complaint no later than ten (10) days after service of written notice of the Court's ruling. PlaintiffTGA Franklin F299 LLC's Request for Judicial Notce is DENIED as irrelevant. (Licudine v. Cedars-Sinai Medical Center (2016) 3 ...

Excerpt: ...trict high school. (See San Mateo Union High School District v. Educational Testing services (N.D. cal., Aug. 30, 2013, No. C 13-3660 saA) 2013 WL 4711611.) For the reasons stated below the court DENIES defendant San Mateo Union High School District's (District) Motion for Judgment on the Pleadings, filed Aug. 18, 2023, directed to Plaintiff's November 8, 2022 Second Amended Complaint (SAC). The court grants defendant's request for judicial Notic...

Excerpt: ...is no real prejudice based upon the late filing and based upon plaintiff's explanation, the court has considered the opposition. Defendant has filed a motion to unseal. No specific documents are identified.. Thus, the court assumes that defendant seeks to unseal all documents in the court file which have been sealed. On June 7, 2023, the court heard a motion to modify the protective order, which raised similar issues to the issues raised here. Th...

Excerpt: ...plaintiffs' counsel represents the plaintiffs in both cases and it appears that all defendants who have been served, appeared and not dismissed received notice of this motion. If true, the court finds that the failure to file the notice in both cases has caused no prejudice and the procedural defect will be overlooked by the court. Plaintiff is to file by 11: a.m. on October 10, 2023 and email Department 4 and all the parties, a list of all parti...

Excerpt: ...ved quickly based upon plaintiffs' representations. The oneyear rental seemed reasonable at the time to balance the parties' rights. Two years later, the case is still not at issue. The same reasons that the court granted Lei's original right to lease the property support the continuaton of this modification. The court denies both parties' request for sanctions. Plaintiffs have always taken the position that the court should not have granted the ...

Excerpt: ...tements made in plaintiffs' opposition at page 7 as there is no citation to the any evidence; therefore the court finds that Defendant's Objections to Evidence are moot. On July 17, 2023, plaintiffs filed their complaint and on July 27, 2023 served defendant Manal Elghandour. On August 29, 2023, plaintiffs requested entry of default against this defendant. On September 5, 2023, defendant moved for relief from default. The court in exercising its ...

Excerpt: ...closure of otherwise protected personnel and other files of police officers, if certain statutory provisions are satisfied. California Evidence Code secton 1043 et seq. govern such motons and provide the only mechanism for obtaining, in either criminal or civil proceedings, material made confidential by Penal Code section 832.5. Section 1043, subdivision (b) requires that the motion include: (1) identification of the proceeding, the party seeking...

Excerpt: ...ddress. As another preliminary matter, the Court directs Counsel for both parties to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (Cal. Rules of Court, rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and brie...

Excerpt: ...skovitz in Support of Plaintiff Steven Herskovitz's Opposition to Motion for Summary Judgment or Summary Adjudication in the Alternative; Exhibits 12-14 of the Declaration of Jonathan Yank in Support of Plaintiff Steven Herskovitz's Opposition to Motion for Summary Judgment or Summary Adjudication in the Alternative; Paragraphs 8-12 and Exhibits 10 and 11 to the Declaration of Palmer Morrel-Samuels in Support of Plaintiff Steven Herskovitz's Oppo...

Excerpt: ...class members of "all persons who had background checks performed in connection with an application for employment with Defendant The Salvation Army between November 2, 2018 and May 17, 2021," with certain exceptions, and propose as part of the administration the "posting of a one- page summary of the Settlement Notice in a public location in each of its thrift stores." (Setareh Dec., Ex. 1, 12, 42(d) ("Settlement Agreement").) The class appears ...

Excerpt: ...rez demurrer is made on the grounds of uncertainty. (See Code of Civ. Proc., S 430.10, subd. (f).) The sole basis for the claimed uncertainty in the Complaint is a discrepancy between the amount of rent due stated in the notice to pay or quit— attached to the Complaint as exhibit a—and another notice purportedly served on Miranda and Perez three days earlier. (See Aug. 17, 2023 Complaint, exh. B; Aug. 29, 2023 Memorandum of Points & Authoriti...

Excerpt: ...on, and judgments—but cannot take judicial notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or statements of fact. (Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7. ) In this case, plaintiff sued defendant in federal court. The district court granted defendant's motion to dismiss (DCR Workforce, Inc. v. Coupa software Inc. (N.D. cal., Oct. 13, 2021, No. 21-CV06066-EMC) 2...

Excerpt: ...eet, San Mateo, CA 94401. Zoom appearances are allowed. The Court overrules the demurrer filed by Defendant Maiden Stone, Inc. as to the first, sixth, and seventh causes of action. A. First Cause of Action (Breach of Express Warranty) Plaintiffs' express warranty claim is based on Exhibit 1, which is Maiden Stone's product detail sheet. On its face, Exhibit 1 is not a typical express warranty. Express warranties, however, can be created by "Any d...

Excerpt: ...Grytsayenko ("Lyudmyla") and Yuriy Grytsayenko ("Yuriy") (also collectively "Plaintiffs") is DENIED for the reasons set forth below. The Complaint alleges claims for General Negligence and Premises Liability. (McCann Decl., Exh. A.) Plaintiffs claim that Lyudmyla was forced to walk toward metal cross-bracers that were a part of scaffolding with no padding or warning tape in place, and hit her head against the low-placed, unprotected metal cross-b...

Excerpt: ... has not met its initial burden and proved by a preponderance of evidence that an arbitration agreement with class action waiver provision was entered into by the parties. (Knight, Cal. Prac. Guide: Alt. Disp. Res. (Rutter, Dec. 2022 Update) 5:320.) The Court finds Defendant has not demonstrated that Plaintiff agreed to arbitration because of inconsistencies in the documents and procedures for the onboarding process. Defendant uses "the online pl...

Excerpt: ...s Mohon to Quash Service of Summons for Lack of Personal Jurisdiction is GRANTED. Plaintiff E.W.'s request for a continuance to conduct jurisdictional discovery is DENIED. Plaintiff E.W!s Requests for Judicial Notice is GRANTED. However, the Court notes that there are evidentiary issues with the documents. Since even if the Court accepts the truth of the matter in the documents, the Court denies the motion, the Court does not focus on the technic...

Excerpt: ... the case has not been brought to trial within three years. (Code of Civ. Proc. S 583.420, subd. On April 18, 2019, plaintiffs' counsel filed this action. unfortunately, plaintiffs' counsel died in or around July 2021, over two years ago, and no counsel has substituted into the case and plaintiffs have not appeared in pro per. Defendants have served this motion on plaintiffs' counsel (which is proper since there has been no substitution of attorn...

Excerpt: ...uirements of the local rule. Plaintiff, an employee of the San Mateo County Sheriff's Office ("SMCSO"), brings this action under Government Code section 12940 alleging hostile work environment, discrimination, retaliation, failure to prevent harassment, failure to engage in the interactive process, and failure to accommodate. As part of her Complaint, Plaintiff alleges that SMCSO has a pervasive atmosphere and pattern of sexual harassment and ass...

Excerpt: ...").) These have not been bookmarked in compliance with California Rules of Court rule 3.110(f)(4) or Local Rule 3.3. A court can sanction for local rules violations. (Shiheiber v. JPMorgan Chase Bank, N.A. (2022) 81 Cal.App.5th 588, 695.) Indigo is reminded to comply with all rules of court and local rules. Indigo moves here to reclassify this unlimited case to limited, contending that Plaintiffs Rajesh Yalamanchili and Olga Gritsevskaya (collect...

Excerpt: ...d Zhiying Qui (collectively defendants). The court finds that there are not grounds under Code of Civil Procedure secton 1008 because there are no new or different facts which warrant reconsideration. All the facts were known or could have been known at the time the two prior motions for preliminary injunction were filed. A filing of a cross-complaint is not a new fact justifying reconsideration. Nor is the fact that defendants deny liability a f...

Excerpt: ... 56, 76—77 ["trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws."]; Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 (" 'The court has a fiduciary as guardians of the rights of the absentee class members when deciding whether to approve a s...

Excerpt: ...2(d). Legal standard on demurrer. A demurrer may be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. A demurrer tests the legal suffciency of the pleading it is attacking, and only raises questions of law." Code Civ. Proc. Sec. 589. For the purpose of testing the sufficiency of a cause of action, the ...

Excerpt: ... Lyudmyla Grytsayenko ("Lyudmyla") and Yuriy Grytsayenko ("Yuriy") (also collectively "Plaintiffs") is ruled on as follows: The Motion for Summary Judgment is GRANTED. The Complaint alleges claims for General Negligence and Premises Liability. (McCann Decl., Exh. A.) Plaintiffs claim that Lyudmyla was forced to walk toward metal cross-bracers that were a part of scaffolding with no padding or warning tape in place, and hit her head against the lo...

Excerpt: ...ntiffs opposition and accepts counsel's explanation and apology for the reason that the opposition was not filed on time. The court grants defendant's request for judicial notice for the fact that the documents were filed in the court, but not for the truth of the contents of the documents. Plaintiff argues that this demurrer repeats the same arguments as raised in defendant's motion for judgment on the pleadings to the first amended complaint, w...

Excerpt: ...ntly determine whether a settlement is fair, reasonable and adequate. (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 55, 76—77 ["trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws."]; Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 'The ...

Excerpt: ...and there are no allegations of fraud in the complaint. Plaintiffs' counsel's continued use of these terms elevates the emotions in this case and is unnecessary. The parties are to APPEAR to address the following issues: Plaintiffs' discovery is much broader than appears to be relevant or reasonably calculated to lead to the discovery of admissible evidence regarding the remaining issues in the case. The court's understanding was that plaintiffs ...

Excerpt: ...Snowflake's motion for summary judgment. These exhibits contain both (1) thirdparty personally identifiable information of Snowflake employees and former employees, including performance reviews, employment histories, and financial information; and (2) confidential business information re Snowflake's confidential competitive business information. Public versions have been filed. The private versions were lodged conditionally under seal on June 22...

Excerpt: ...s "Director of the Department of Motor Vehicles" ("Department"). Wyant was detained and arrested for suspicion of driving under the influence of alcohol. He submitted to a chemical test of his blood on the night of his arrest, and results of that chemical test showed a 0.082 percent blood alcohol content ("BAC") in violation of Vehicle Code section 23152. The Department suspended Wyant's privilege to drive a motor vehicle for four months, from Oc...

Excerpt: ...the Ford pickup truck he was in broke down. (UMF No. 3.) A Caltrans tow truck towed Plaintiff's vehicle and deposited it on university Avenue in Menlo Park, approximately 200 feet from the intersection with Bayfront Expressway. (UMF No. 4.) The tow truck driver left shortly thereafter. (UMF No. 5.) Plaintiff's friend subsequently gave him a ride to AutoZone Auto Parts to purchase parts to repair his truck. (UMF No. 6.) After purchasing the needed...

Excerpt: ...ed fifty-percent interest in the subject property, and Plaintiffs Triple 8 Holdings, LLC and Donald Chua to be entitled to a partition of the subject property. Plaintiffs Triple Eight Holdings, LLC's and Donald Chua's Request for Judicial Notice is GRANTED as to items nos. 1—6 and 12 and DENIED as to items 7—11. Defendant Bernice Turner's Request for Judicial Notice is DENIED as to all items. Defendant Bernice Turner's Evidentiary Objections�...

Excerpt: ....310.) On June 17, 2019, defendants filed answers and no advice of counsel defense was asserted. Since the inception of the case, the action has been vigorously litigated. There have been over 40 hearings on motions, case management conferences and informal discovery conferences, and the docket contains over 550 entries. On December 1, 2020, this case was assigned to the Hon. Nancy L. Fineman for all purposes. The court held its first pretrial co...

Excerpt: ...the "SAC") asserts nine causes of action against Defendant County of San Mateo (the "County") and one hundred unnamed employees of the County for their respective roles in the alleged sexual abuse committed by Probation Officer John Domeniconi of Plaintiff Jane DT Doe while the latter was a minor. The County moves here for an order striking the entirety of the SAC for Plaintiff's failure to file timely certificates and obtain court approval—as ...

Excerpt: ...d notify Department 4 and all other parties by 4:00 p.m. on August 21, 2023. In these motons in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure secton 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree ...

Excerpt: ...lass Action Settlement Agreement (2) Approval of Notice to Class Members and Related Materials; (3) Approval of Settlement Administrator; and (4) Setting Hearing For Final Approval of Settlement ("Motion") is ruled upon as follows. The Court appreciates the work engaged in by the parties in revising its requests for approval. The Court has conducted an independent review of the request to determine whether the settlement is fair, reasonable and a...

Excerpt: ... Coalition for Pacificans for an Updated Plan and Kristen Cramer (plaintiffs) filed this action which inwlves a CEQA challenge to a proposed project called Vista Mar located in Pacifica, California ("the Project"). Both plaintiffs sued on both causes of action. Plaintiffs sued the City of Pacifica (the City) and real parties in interest Monterey Road Pacifica, LLC, Vistamar Development, and Javier Chavarria (real parties). On January 21, 2021, th...

Excerpt: ...(California Rule of Court, rule 3.1320(g); Code of Civ. Proc., S 472b.) If Plaintiff decides not to amend, Plaintiff's counsel shall so notify defense counsel and the parties shall meet-and-confer on a date where defendant County of San Mateo's answer is due. Plaintiff John JV Doe's Request for Judicial Notce is GRANTED. Defendant County of San Mateo's Request for Judicial Notice is GRANTED. The Second Amended Complaint (the "SAC") asserts nine c...

Excerpt: ...assaulted at defendants' massage franchise, and she asserts numerous causes of action and requests punitive damages. Defendants bring this Motion to Strike parts of Plaintiff's First Amended Complaint ("FAC"), seeking to remove "all language regarding fraud, misrepresentation, concealment, and conspiracy." (Memorandum of Points and Authorities in Support of Motion to Strike ("MPA") at 4.) Specifically, inter alia, Defendants request that the Cour...

Excerpt: ... p.m. on August 21, 2023. In these motions in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure section 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree that there was an error in having two judgments e...