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Location: San Mateo x
Judge: Novak, Lisa A x
2020.12.15 Motion to Compel Arbitration and to Stay 047
Location: San Mateo
Judge: Novak, Lisa A
Hearing Date: 2020.12.15
Excerpt: ...s that Sunstone's request somehow envisions some of the litigation proceeding during arbitration. By the plain language of Sunstone's motion that is not the relief it seeks. The initial complaint and the cross‐complaint encompass two separate agreements. One is a construction contract between an LLC owner, Stillcreek, and a contractor, Sunstone, which contains an agreement to arbitrate. The second is a guaranty contract between individual defen...
2020.12.14 Motion to Vacate Renewal of Judgment 923
Location: San Mateo
Judge: Novak, Lisa A
Hearing Date: 2020.12.14
Excerpt: ...tiff's Request for Judicial Notice of the following documents filed in CLJ 499923 is GRANTED: 1) Summons 2) Proof of Service of Summons 3) The Complaint 4) The Request for Entry of Judgment 5) The Judgment The Motion for Vacating the Renewal of Judgment is GRANTED. The Court agrees with Plaintiff's argument that the judgment is valid on its face, and under most circumstances extrinsic evidence would not be admissible in collateral attack. However...
2020.12.14 Motion for Summary Judgment 466
Location: San Mateo
Judge: Novak, Lisa A
Hearing Date: 2020.12.14
Excerpt: ...ne provides a basis to grant the Motion for Summary Judgment. A defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Cal. Code of Civ. Proc. § 437c(p)(2). Once the defendant or cross‐defendant has met that burden, the burden shif...

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