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Location: San Mateo x
Judge: Scott, Joseph C x
2021.07.15 Motion for Summary Judgment, Adjudication 539
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2021.07.15
Excerpt: ...Court grants Plaintiff's request for judicial notice as to all requested matters. The Court exercises its discretion not to rule on U.S. BANK's objections to Defendants' opposing evidence, since none of the evidence affects the Court's ruling on the motion. (Code of Civ. Proc. Sect. 437c, subd. (q) (court need rule only on objections deemed material to court's disposition of motion).) A. Plaintiff U.S. BANK Meets its Initial Burden A partition ac...
2021.07.15 Demurrer 728
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2021.07.15
Excerpt: ... The Demurrer to Plaintiff's Second Amended Complaint (SAC) is SUSTAINED without leave to amend pursuant to Cal. Code of Civ. Proc. § 430.10(e). First CAUSE OF ACTION (COA) for Declaratory Relief This COA is dependent on the other COA's in the SAC. As discussed below, those COAs fail. Second COA for Breach of Oral Contract As was the case with the First Amended Complaint (FAC), the SAC does not allege mutual consideration (See CACI 302 (Contract...
2021.07.08 Motion to Compel Further Responses 446
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2021.07.08
Excerpt: ...esponsive documents. It does not state whether Nordstrom agrees to produce all responsive documents in its possession, custody, or control, except those to which an objection is lodged. { See Code Civ. Proc. Sect. 2031.220}. Nordstrom shall serve a further response that complies with Sect. 2031.220. To the extent Plaintiff is arguing that certain document(s) Nordstrom promised to produce have not been produced, Plaintiff's remedy is a motion to c...
2021.07.08 Motion Objecting to Undertaking 047
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2021.07.08
Excerpt: ...t South Bay Real Estate Commerce Group does not accept Plaintiff/Respondent MDIG's estimate of value. Therefore, the court must estimate the proper value. (Code of Civ. Proc. § 995.950, subd. (c).) Neither the moving nor opposing papers presents any admissible or reliable evidence concerning the present value of the Half Moon Bay property. MDIG offers a copy of records purportedly from the San Mateo County assessor's office, but tax assessors ar...
2020.12.11 Motion to Deny Clawback Request 501
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.11
Excerpt: ...ion for judicial determination of the privilege claim must be made within 30 days after the party received notice of the claim. [ C.C.P. section 2031.285(d)]. At issue here are two documents over which Defendants Edwin Blue and IRA Services, Inc. have asserted attorney‐client privilege and work product protection. On February 24, 2020, Defendants inadvertently produced the two documents as part of its production in response to Plaintiff's disco...
2020.12.11 Motion for Summary Judgment, Adjudication 988
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.11
Excerpt: ...nt is proper only if it disposes of the entire lawsuit.” (All Towing Servs. LLC v. City of Orange (2013) 220 Cal. App. 4th 946, 954.) The present motion addresses only the counts for open book account, account stated, and breach of contract; the motion does not address the claims for money had and received (Complaint ¶ CC‐1(b)(1), goods sold and delivered (Id. ¶ CC‐1(b)(3)), money lent (Id. ¶ CC‐1(b)(4), or money paid at defendant's re...
2020.12.10 Motion to Confirm Good Faith Settlement 836
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.10
Excerpt: ...ff's claims was made in good faith. Intero contends Plaintiff is unlikely to recover against it because: (1) Plaintiff is not entitled to a finder's fee because Intero did not receive any commission from the sale of the billboards; and (2) Plaintiff is not entitled to a finder's fee because he attempted to negotiate the real estate transaction, which requires a real estate license pursuant to California law. Defendant contends that Plaintiff's ap...
2020.12.09 Motion for Summary Adjudication 506
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.09
Excerpt: ...are OVERRULED. Defendants' Motion for Summary Adjudication is GRANTED pursuant to Cal. Code of Civ. Proc. § 437c(f)(1) with respect to Issue Nos. 3, 4, 6, 7, 8, and 9. The motion is DENIED with respect to Issue Nos. 1, 2, and 5. Regarding the claim for fraud/concealment, Issue No. 1; “[T]he elements of an action for fraud and deceit based on a concealment are: (1) the defendant must have concealed or suppressed a material fact; (2) the defenda...
2020.12.08 Motion to Quash 388
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.08
Excerpt: ...ervice. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) However, the return of a registered process server establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return. (Evid. Code, § 647.) If this statutory presumption applies, then the defendant is required to produce evidence to overcome this presumption. (Palm Property Investments, LLC v. Yadegar (2011) 194 Cal.App.4th 1419, 1428.) In this...
2020.12.07 Motion to Seal Portions of Record 195
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.07
Excerpt: ...m to file redacted copies of the following papers in support of their opposition to Defendant motion for summary judgment: (1) Declaration of David M. Rosenberg‐Wohl; (2) Evidence; (3) Request for Judicial Notice; and (4) Separate Statement. According to Plaintiffs, the records sought to be sealed contain portions of a deposition that is confidential pursuant to a protective order issued in a related federal action: In re: Pacific Fertility Cen...
2020.12.07 Motion for Summary Judgment 328
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.07
Excerpt: ... vehicles are not insured by Landlord, manager or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is advised to carry Tenant's own insurance (renter's insurance) to protect Tenant from any such loss or damage. Tenant shall comply with any requirement imposed on Tenant by Landlord's insurer to avoid: (1) an increase in Landlord's insurance prem...
2020.12.07 Motion for Attorney's Fees 861
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.07
Excerpt: ...action to enforce the terms of the Settlement Agreement is entitled to reasonable attorney's fees incurred in the enforcement action. Plaintiff is the prevailing party in an action to enforce the terms of the Settlement Agreement, and is therefore entitled to reasonable attorney's fees in the amount of $3,358.50. The fees claimed for the enforcement action are sufficiently documented and reasonable. Exhibit B of the Declaration of Steven J. Mehlm...
2020.12.07 Demurrer 558
Location: San Mateo
Judge: Scott, Joseph C
Hearing Date: 2020.12.07
Excerpt: ...irst Amended Cross‐complaint, as irrelevant to this demurrer. The request for judicial notice of the First Amended Cross‐complaint in this action is DENIED as unnecessary. A. 5 th Cause of Action – Unjust Enrichment The demurrer is OVERRULED. FPT contends that SYMPHONY's decision to terminate its contracts with LOGIGEAR was based on LOGIGEAR's breaching the Settlement Agreement, and not by any act of FPT. The argument fails on demurrer beca...

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