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266 Results

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Location: San Mateo x
Judge: Foiles, Robert D x
2023.11.03 Motion to Vacate Order and Terminate Arbitration or for Reconsideration, to Declare Procedural Default 582
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.11.03
Excerpt: ...deration, and DENIED in part, with respect to the request to terminate arbitration. Plaintiff's objections to evidence are OVERRULED. In ruling on the previous Moton to Compel Arbitration in this action, the Court held that the issue of default under Cal. Code of Civil Procedure Section 1281.98 for late payment of fees should be decided by the arbitrator. June 10, 2022 Order. Plaintiff asks for that order to be vacated, or in the alternative for ...
2023.11.03 Application for Right to Attach Order and Writ of Attachment 580
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.11.03
Excerpt: ...tic Park project. Plaintiff claims that Defendant owes $27,018.10 for trucking services and $6,400.00 for tolls, dump fees, and scale fees which Plaintiff advanced. Plaintiff now applies to this Court for a right to attach order and writ of attachment, seeking to secure the amount of $38,759.91. For the reasons set forth below, Plaintiff's application is DENIED. The Court shall consider the showing made by the parties and shall issue a right to a...
2023.11.03 Motion to Compel Arbitration and Stay Action 263
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.11.03
Excerpt: ...e Cal. Rules of Ct., rule 3.1300(d); Rancho Mirage Country Club Homeowners Association v. Hazelbaker (2016) 2 cal.App.5th 252, 262-253; Juarez v. wash Depot Holdings, Inc. (2018) 24 cal.App.5th 1197, 1202.) The motion was previously continued to permit Defendant Tesla, Inc. ("Tesla") the opportunity to file br-efing and evidence in reply. Thus, with any potential prejudice now having been averted, the Court has considered Xue's late-filed papers....
2023.10.27 Motion for Sanctions 494
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.27
Excerpt: ...ntiff") moves the Court to impose a nonmonetary sanction under CCP S 128.7 by striking the eight affirmative defenses put forth in Defendant Ampex Engineering and Construction Inc. ("Ampex" or "Defendant"). According to Plaintiff, the sanctions are warranted because Defendant's affirmative defenses are meritless and insuffciently supported by legal or factual argument and evidentiary support. A CCP S 128.7 motion involves strict adherence to a tw...
2023.10.27 Demurrer to Amended Complaint 444
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.27
Excerpt: ... person or by telephone. See Cal. Code of Civ. Proc. Section 430.41. The Court, in its discretion, has ruled on the merits of the Demurrer. In future, any demurrer that is not supported by a code compliant meet and confer declaration may be ordered off calendar until a compliant declaration is filed. Defendant contends that Plaintiff's Opposition was untimely served. Reply 1:19-25. While the Opposition was timely filed, it was served via regular ...
2023.10.20 Motion to Quash Subpoenas 798
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...e had an Informal Discovery Conference ("IDC") with the Court. Here, no IDC was conducted in this action prior to Plaintiff's August 7, 2023 Motion to Quash. The Motion is subject to denial for this reason, as well as on its merits. Medical Records Subpoena Defendant's medical records subpoenas seek medical records including: All written and electronic medical documents pertaining to the history, care, treatment and/or examination of Wisam Ibrahi...
2023.10.20 Motion for Summary Judgment 140
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...how that (1) the plaintiff was in actual peaceful possession of the premises at the time of the entry; (2) a forcible entry has ucurred: i.e„ either that the entry was nonconsensual or not pursuant to "orderly legal pruess;" (3) plaintiff was deprived of possession either by the unlawful entry or by separate conduct; and (4) plaintiff is seeking to ræover possession. (Cal. Prac. Guide Landlord-Tenant Ch. 7-A, S 7:18, et seq.) The declarations ...
2023.10.20 Motion for Summary Adjudication 508
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...tion of this claim alleged in his First Amended Cross-complaint. A crosscomplainant meets his or her burden of showing there is no defense to a cause of action if that party proves each element of the cause of action entitling the party to judgment on the cause of action. Civ. Proc. S 437c(p)(1).) Once the cross-complainant meets that burden, the burden shifts to the cross- defendant to show that a triable issue of one or more material facts exis...
2023.10.20 Motion for Summary Adjudication 494
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...uction Inc. ("Ampex" or "Defendant") is an employer required under the California Labor Code to carry workers' compensation insurance. According to the Complaint, Defendant obtained this coverage from State Compensation Insurance Fund ("SCIF") but failed to pay the amounts requested on SCIF's "premium bills" or "final audit statements" covering the period of June 6, 2016 to November 26, 2018. SCIF sent three "premium bills" to Ampex: a bill for $...
2023.10.20 Demurrer, Motion to Seal, to Further Seal 924
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.10.20
Excerpt: ...(FAC) does not relate back to the filing of the original complaint because the FAC is based on a primary right different from the one pleaded in the original complaint. The argument is unpersuasive. Relevant to this demurrer, Defendant makes two (1) Entwio, which contains the antibody vedolizumab, which binds to a protein identified as a4ß7 and (2) a product (unnamed in the pleadings) that contains an antibody that binds to a protein identified ...
2023.09.29 Motion to Strike, Demurrer 148
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.29
Excerpt: ...LLC, PHIL STOKER, DIANE STOKER, SCOTT O'NEIL, AND DALE HUISH TENTATIVE RULING: For the reasons stated below, Defendants' Motion to Strike Punitve Damages, filed Aug. 25, 2023, which seeks to strike the punitive damages allegations in Plaintiffs' June 30, 2023 Second Amended Complaint (SAC), is DENIED. Code Civ. Proc. Sect. 435, 435. To be clear, the SAC asserts claims against a long list of defendants, generally referred to by the parties as the ...
2023.09.29 Motion for Attorney Fees 530
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.29
Excerpt: ...ts tentative ruling granting the motion in part. (Jul. 7, 2023 Minute Order.) The Court ordered a sentence stricken from the Complain, as the sentence constituted an attempt to base a claim for injunctive relief on Stiles' and Johnsons' service of an eviction notice—which is protected activity. (Aug. 22, 2023 Order, pp. 3—4.) The remainder of the cause of action, comprising valid claims for injunctive relief based on non-protected activity, w...
2023.09.15 Demurrer 163
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.15
Excerpt: ...of this order. As a preliminary matter, the hearing on this demurrer was originally set for July 21, 2023. The Court found that Defendant MPH International LLC ("MPH") had failed to meet and confer as required by Code of Civil Procedure section 430.41. The Court continued the hearing and ordered MPH to file a declaration, confirming that the parties had met and conferred, no later than September 5, 2023. MPH has failed to file a declaration, and ...
2023.09.15 Motion to Compel Responses, for Sanctions 148
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.15
Excerpt: ...ristopher Dunn Cust(Nlianship ("Plaintiffs") "Motion to compel and Request for sanctions," filed June 12, 2023, is GRANTED-IN-PART and DENIED-INPART. Background. Plaintiffs filed this case in March 2022. Plaintiffs' present Motion argues that since roughly mid-2022 and continuing to the present, Defendants David Bragg and Silicon Valley Real Estate Ventures, LLC (SVRV) have engaged in various forms of discovery abuse/misconduct that warrants sanc...
2023.09.15 Demurrer 661
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.15
Excerpt: ...raud is OVERRULED. The elements of a claim for fraudulent concealment are: "(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known...
2023.09.15 Motion for Summary Judgment, Adjudication 653
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.15
Excerpt: ...e sole grounds for Defendant's motion as to the first cause of action is that the LLC Operating Agreement has terminated, the LLC has dissolved, and Defendant withdrew from the LLC in 2017. These facts are undisputed. Defendant contends, therefore, that he cannot be liable for a breach of contract claim. The argument has no basis in law, and Defendant cites no legal authority to support the argument. When a contract terminates or expires, it is n...
2023.09.08 Motion to Strike, Demurrer 597
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.08
Excerpt: ...E RULING: For the reasons stated below, Defendants Wayne Podesta et. al.'sJune 6, 2023 Motion to Strike portions of Plaintiffs Franciscan Resident Advisory committee, et. al.'s April 10, 2023 complaint is GRANTED-INPART and DENIED-IN-PART. code Civ. Proc. Sects. 435, 436. Defendants' June 6, 2023 Request for Judicial Notice is GRANTED-INPART and DENIED-IN-PART. (See Order on Defendants' Demurrer to Complaint, which explains the Court's rationale)...
2023.09.08 Motion to Set Aside Default, for Sanctions, Demurrer, to Quash Service of Summons 094
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.08
Excerpt: ...rrer on behalf of only one Defendant (Indrawous Azar) and pay a single First Appearance Fee, rather than filing a Demurrer on behalf of all clients and incurring multiple First Appearance Fees. There is no statute, court rule, or regulation that supports this strategy. Mr. Bender's approach, though possibly well- meaning, constituted attorney neglect because a reasonable attorney would have known that demurring on behalf of just one client would ...
2023.09.01 Motion for Summary Judgment 798
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.01
Excerpt: ...on brief is single-spaced, which violates California Rules of Court, Rule 2.108. In its discretion, the Court has chosen to overlook this procedural defect in this instance. The Court will expect Plaintiff to strictly comply with the Rules of Court going forward. Plaintiff has not highlighted/marked the relevant portions of the deposition transcripts. Plaintiff has filed deposition testimony in support of her Opposition papers, but has not highli...
2023.09.01 Motion for Further Bill of Particulars 470
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.01
Excerpt: ...ext, Inc. to provide a further account is GRANTED. Plaintiff and Cross defendant Open Text, Inc. shall serve a further account no later than ten (10) days after service of written notice of the formal order. Defendant and Cross-complainant Michelle Beasley's request for an order appointing a referee to hear and decide an issue or specific question of fact is DENIED. A. Procedural Background On March 8, 2023, Beasley served a demand for a bill of ...
2023.09.01 Demurrer 104
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.09.01
Excerpt: ...e suspension or disabling in all circumstances." (MPA, p.2.) Defendant also contends that collateral estoppel bars Plaintiff from seeking monetary damages because the federal district court's decision dismissing Plaintiff's Complaint in King v. Facebook, Inc. (N.D. Cal. 2021) 572 F.Supp.3d 776 has determined that Plaintiff cannot allege a claim for monetary relief. In King v. Facebook, Inc., 572 F.Supp.3d at 790, the federal district court determ...
2023.08.25 Petition to Compel Compliance with Deposition Subpoena for Business Records, for Sanctions 678
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ...tate and International Depositions and Subpoena Discovery Act, a motion to enforce a subpoena may be filed in the superior court for the county in which the discovery is to be conducted, and shall comply with the rules and statutes of this state. Cal. Code of Civil Procedure Section 2029.3CL Here, Petitioners' California subpoena was served on Respondent Meta Platforms, Inc. on May 9, 2023. Franklin-Murdock Decl., 97, Exh. E. Respondent thereafte...
2023.08.25 Motion to Terminate Sanctions 598
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ... across the parking area, an unknown third-party assaulted Plaintiff, who then asked a manager at the hotel to call the police. The manager allegedly refused. Plaintiff brings this action against Defendants as the owners and operators of the hotel, alleging inter alia that they were negligent in failing to provide adequate lighting in the parking area, and should have known of the danger posed to Plaintiff by the unknown third-party. On December ...
2023.08.25 Motion to Compel Further Responses, for Sanctions 653
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ...r responses to the Special Interrogatories is GRANTED as to Special Interrogatory Nos. 1-3, 6-10, 15, 17, 22-23, and 25-26, and DENIED as to Special Interrogatory Nos. 12-14, and 19. Within three weeks of this Order, Plaintiff shall serve further, written responses, without objections, to Special Interrogatory Nos. 1-3, 5-10, 15, 17, 22-23, and 25-26. All objections to these Interrogatories are overruled. Because Nos. 12-14, and 19 contain typogr...
2023.08.25 Motion for Terminating Sanctions and Monetary Sanctions 388
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.08.25
Excerpt: ... to Form Interrogatories that were served in November 2021. The Court granted Defendant's motion to compel verified responses and ordered Plaintiff to provide verified responses and to pay a monetary sanction of $5,101.00 "within fourteen days of notice of entry of this order." (Order, April 26, 2023 (filed May 1, 2023.) Defendant served Notce of Entry of Order on May 3, 2023. As of the date Defendant filed the present motion on June 14, 2023, Pl...

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