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Location: San Mateo x
Judge: Chou, Danny x
2023.01.12 Motion for Protective Order 446
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2023.01.12
Excerpt: ...aving reviewed Plaintiff's Seventh and Eighth Amended Complaints and the discovery at issue, the Court finds that the Declarations in Support of Additional Discovery for Defendant's Request for Admissions (Set Three) and Special Interrogatories (Set Three) satisfy the requirements of Code of Civil Procedure sections 2033.050 (request for admissions) and 2030.050 (interrogatories). Specifically, Defendant Nordstrom, Inc. has met its burden of show...
2022.12.15 Motion to Compel Responses, to Deem RFAs Admitted 970
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.12.15
Excerpt: ...d Mary Altube's Motion to Compel Responses to Written Discovery (Requests for Production of Documents (Set One), Requests for Admissions (Set One), Special Interrogatories (Set One), and Form interrogatories (Set One), served on or about May 12, 2022), to Deem the Truth of Any Matters Specified in the Requests for Admissions Admitted, and for Sanctions (Motion) is GRANTED pursuant to Code of Civil Procedure sections 2030.290, 2031.300, subdivisio...
2022.12.15 Motion for Judgment on the Pleadings 104
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.12.15
Excerpt: ...‐Defendants' Request for Judicial Notice is GRANTED pursuant to Evidence Code section 452. As a threshold matter, it does not appear that Cross‐Defendants met and conferred with Defendant and CrossComplainant James Walsh as required by Code of Civil Procedure section 439, subdivision (a). Although CrossDefendants bring the MJOP under both the common law and Code of Civil Procedure section 438, the availability of a non‐statutory motion for ...
2022.12.08 Motion for Terminating Sanctions 660
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.12.08
Excerpt: ...S CONSTRUCTION; and DOES 1 through 25, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 20‐CIV‐04521 Assigned for All Purposes to Hon. Danny Y. Chou ORDER GRANTING MOTION FOR TERMINATING SANCTIONS AGAINST PLAINTIFF GANGFENG LAI Plaintiffs Justin Tao's and Linda Lu's unopposed Motion for Terminating Sanctions Against Defendants Atlas Construction and Development, Inc. (Atlas) and America Home Builders, Inc. (AHB) (Motion) came for heari...
2022.12.08 Demurrer 405
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.12.08
Excerpt: ...he Court must “assume the truth of the facts alleged in the complaint and the reasonable inferences that may be 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 ...
2022.12.01 Motion for Good Faith Settlement 455
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.12.01
Excerpt: ...made in good faith. In support, PMI submits declarations from Rangi Perera, its counsel, and attaches the Settlement and Release Agreement (Settlement Agreement) to one of those declarations. The Settlement Agreement defines the scope of work performed by PMI on the construction project that resulted in the lawsuit and is covered by the release (PMI's Scope of Work). Specifically, the Agreement defines PMI's Scope of Work as “providing and inst...
2022.11.18 Motion to Compel Further Responses 456
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.18
Excerpt: ...al Interrogatories, Set Three, and Request for Production of Documents, Set Four, and Request for Sanctions (Motion) is GRANTED IN PART and DENIED IN PART. As a threshold matter, the Court finds that the meet and confer and informal discovery conference requirements were met. In reaching this finding, however, the Court notes that the deadline imposed by Cross‐Defendant in its 11‐page letter resulted in a meet and confer that was not producti...
2022.11.18 Motion for Terminating Sanctions, Monetary Sanctions 748
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.18
Excerpt: ... Plaintiff's request for terminating sanctions is DENIED. Plaintiff's request for monetary sanctions in the amount of $810.00 is GRANTED. Plaintiff seeks terminating sanctions because Defendant Ching Lin Wang failed to comply with the Court's May 18, 2022 Order (1) compelling Defendant to serve responses to Plaintiff's form interrogatories and requests for production, (2) deeming requests for admissions as admitted, and (3) and imposing monetary ...
2022.11.18 Motion for New Trial 560
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.18
Excerpt: ...ONSTRUCTION, INC., a California corporation, Cross‐ Plaintiff, v. GENESIS KINGHWA, LLC, a California Limited Liability Company; 171 CORONADO INVESTMENTS, LLC, a California Limited Liability Company, and ROES 1‐40, inclusive Cross‐Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 19CIV02560 Assigned For All Purposes to Hon. Danny Y. Chou ORDER DENYING DEFENDANT'S MOTION FOR NEW TRIAL Defendant Excel One Construction, I...
2022.11.18 Demurrer to FAC 867
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.18
Excerpt: ...er) is OVERRULED. In its fifth and sixth causes of action, Plaintiff Financial Pacific Insurance Company asserts claims for equitable subrogation. (FAC, ¶¶ 50—76.) Defendant contends the Demurrer should be sustained because Plaintiff did not allege facts sufficient to establish that Plaintiff is not primarily liable for insured Robert Boeger Plastering's (the Insured) loss. Alternatively, Defendant contends the Demurrer should be sustained be...
2022.11.10 Motion to Approve Settlement and Mutual Release 118
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.10
Excerpt: ...riginally filed a complaint, alleging among other things, a cause of action under the Insurance Fraud Preventions Act (IFPA). Plaintiff the Insurance Commissioner of the State of California (CDI) intervened and assumed “primary responsibility” for prosecuting the IFPA cause of action. (Ins. Code, § 1871.1, subd. (f)(1). By way of a written agreement (Agreement), Plaintiff and CDI have settled the IFPA cause of action. Defendants The Allergy ...
2022.11.10 Demurrer 042
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.10
Excerpt: ... facts alleged in the complaint and the reasonable inferences that may be 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. Paci...
2022.11.03 Motion for Protective Order 446
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.11.03
Excerpt: ...opics. Weiner's PMQ deposition notices also request that Nordstrom produce many categories of documents. Nordstrom, which recently changed counsel in this case, filed this Motion seeking to stay all discovery until Nordstrom files an “answer” to an “operative complaint.” The Court continued the hearings on Weiner's four motions to compel to November 3, 2022 so they could be heard together with this Motion. The Court did so because this Mo...
2022.10.27 Motion to Seal Docs 095
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.27
Excerpt: ...ourt issued a tentative ruling denying part of the Motion as moot and denying the remainder of the Motion without prejudice because of, among other things, defects in the Certificates of Merit submitted by Plaintiff. Since then, the Court has continued the hearing on the Motion three times to give Plaintiff an opportunity to correct the defects outlined in the Court's tentative ruling. Despite this, Plaintiff has simply resubmitted the Certificat...
2022.10.27 Motion for Sanctions 574
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.27
Excerpt: ...ain, et al's (Defendants) August 2, 2022 case management conference statement (CMC Statement), which summarized the case as follows: “There is a dispute concerning the actual amount owed on a loan made by [Plaintiff]. [Plaintiff] has not properly credited certain settlement payments and are seeking to foreclose on a deed of trust.” (Aug. 2, 2022 CMC Statement, ¶ 4(b).) Plaintiff contends these statements were “knowingly false” and “[De...
2022.10.27 Motion for Back Pay 777
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.27
Excerpt: ...f's Motion for Judgment for Backpay (Motion) because “Plaintiff appears to have filed four documents containing exhibits to a declaration” without filing “the declaration itself or any other papers in support of the Motion.” As a result, the Court could “discern no basis for granting the relief requested by Plaintiff.” (June 30, 2022 Minute Order.) In apparent response to the Court's June 30, 2022 ruling on the Motion, Plaintiff filed...
2022.10.27 Motion for Attorney Fees 258
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.27
Excerpt: ...al., Defendant. ELIZABETH KARNAZES; Cross‐Complainant, v. DAVID MELCHNER, JOHN J. HARTFORD, et al., Cross‐Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CIV458258 Assigned For All Purposes to Hon. Danny Y. Chou ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR ATTORNEY'S FEES AND COSTS Cross‐Defendant and Judgment Creditor John Hartford's Motion for Attorney's Fees and Costs (Motion) originally came for hearing ...
2022.10.27 Motion for Attorney Fees 116
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.27
Excerpt: ...ursuant to a Code of Civil Procedure section 998 offer (Section 998 Offer). There is, however, a dispute over the amount of fees that may be recovered by Defendant. Defendant contends she is entitled to recover $25,337.50 in fees. Plaintiff Midland Credit Management Inc. counters that Defendant should be awarded no more than $4,147.50. Using the lodestar method, the Court awards Defendant $11,450 in attorney fees. 1. Hourly Rates Defendant claims...
2022.10.27 Demurrer to FAC 806
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.27
Excerpt: ...n 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.) Fraud must be pled �...
2022.10.20 Petition to Compel Arbitration 583
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.20
Excerpt: ...ree that the arbitration provision states that “[a]ll disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association” (AAA). As explained below, the Court denies the Motion because Petitioner has not made proper demand for arbitration as required by the parties' written agreement. A party seeking to compel arbitration pursuant to Code of Civil Procedure section 1281.2 must “p...
2022.10.20 Motion to Strike 532
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.20
Excerpt: ...h 279, 293.) However, the right depends on a timely demand; the failure to demand a jury trial t in a timely manner may constitute a waiver of the right. (Code Civ. Proc., § 631; Grafton Partners L.P. v. Superior Court (2005) 36 Cal.4th 944, 955.) Further, even if a timely demand has been made, the demanding party's failure to post jury fees before “the initial case management conference” constitutes a waiver of the right to jury trial. (Cod...
2022.10.20 Motion to Seal 095
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.20
Excerpt: ...ve two opportunities to do so, the Court ADOPTS its October 6, 2022 tentative ruling. The Court reproduces its October 6, 2022 tentative ruling below: Plaintiff's Motion to Seal Certificates of Merit, Permit Service on Doe Defendants, Permit Plaintiff to file an Amended Complaint, and Permit Plaintiff to Proceed Under a Fictitious Name is DENIED IN PART AS MOOT and DENIED IN PART WITHOUT PREJUDICE. Plaintiff's request to seal the Certificates of ...
2022.10.20 Motion to Intervene 531
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.20
Excerpt: ...und in Part 2 of the Code of Civil Procedure—does not apply to this conservatorship proceeding. As this Court previously explained, “the California Supreme Court, over 80 years ago, held that a conservatorship proceeding under Insurance Code sections 1010 to 1062 is a special proceeding that is not subject to the provisions of Part 2 of the Code of Civil Procedure. (See Carpenter v. Pacific Mutual Life Ins. Co. of Cal. (1937) 1.0 Cal.2d 307, ...
2022.10.20 Motion for Judgment on the Pleadings 532
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.20
Excerpt: ...n the complaint and the reasonable inferences that may be 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 & Electr...
2022.10.20 Motion for Attorney Fees 258
Location: San Mateo
Judge: Chou, Danny
Hearing Date: 2022.10.20
Excerpt: ...e prevailing party on his anti‐SLAPP motion,” “is entitled to reasonable attorney's fees and costs incurred in establishing his entitlement to fees and costs under [Code of Civil Procedure] section 425.16, subdivision (c) and in defending the validity of his judgment for those fees and costs.” (Nov. 18, 2021 Order, at p. 6.) Thus, Hartford is entitled to recover his reasonable attorney fees and costs incurred in protecting the validity an...

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